reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2420 Act supplemental to vehicle registration laws.

8-2420.
Act supplemental to vehicle registration laws.
This act is supplementary to the vehicle registration laws of Kansas, and nothing herein shall be construed as abridging or amending such laws.
History:
L. 1980, ch. 36, § 20; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2421 Severability.

8-2421.
Severability.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act, and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History:
L. 1980, ch. 36, § 21; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2422 Citation of act.

8-2422.
Citation of act.
This act may be cited as the vehicle dealers and manufacturers licensing act.
History:
L. 1980, ch. 36, § 22; L. 1983, ch. 43, § 5; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2423 Rules and regulations.

8-2423.
Rules and regulations.
The secretary of revenue may adopt such rules and regulations as are necessary for the administration of this act. Prior to hearing or adoption of rules and regulations under this section the secretary shall submit copies thereof to the dealers review board for its review and comment.
History:
L. 1980, ch. 36, § 23; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2426 Same; unlawful acts; penalties.

8-2426.
Same; unlawful acts; penalties.
Violation of K.S.A. 8-2406, and amendments thereto, or K.S.A. 8-2425, and amendments thereto, is unlawful, and any person violating any provision thereof shall be subject to civil penalty of not less than $350 and not to exceed $1,000, as determined by the presiding officer from the office of administrative hearings after notice and hearing in accordance with the provisions of the Kansas administrative procedure act. The provisions of this section shall not affect the authority of the secretary of revenue or any officer of the department of revenue in enforcing any provision of the vehicle dealers and manufacturers licensing act, of which K.S.A. 8-2425, and amendments thereto, and this section shall be a part.
History:
L. 1985, ch. 54, § 5; L. 1988, ch. 356, § 36; L. 2004, ch. 145, § 9; July 1, 2008.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2428 Dealer review board; duties.

8-2428.
Dealer review board; duties.
(a) The dealer review board created by K.S.A. 8-2412, and amendments thereto, shall:
(1) Confer with the director on matters related to regulations relating to improved vehicle dealer practices;
(2) serve to make suggestions and recommendations for changes in current law relating to vehicle sales and trade;
(3) act as a resource for vehicle industry problems; and
(4) provide expertise to uncover operating problems created by current law, while balancing problems against the greater public interest.
(b) The provisions of this section shall not require any action prior to adoption of any rules and regulations by the secretary of revenue.
History:
L. 1990, ch. 43, § 7; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2429 Interstate dealer licensing compact.

8-2429.
Interstate dealer licensing compact.
The director of vehicles is hereby authorized to enter into an interstate dealer licensing compact with party states to facilitate the conveyance or exchange of information concerning violations or convictions of civil or criminal offenses committed by nonresident dealers in a party state.
History:
L. 1990, ch. 32, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2431 Same; exemption for manufacturers with dispute resolution procedures.

8-2431.
Same; exemption for manufacturers with dispute resolution procedures.
The provisions of K.S.A. 8-2430, and amendments thereto, shall not apply to any proposed establishment of an additional new motor vehicle dealer, including a supplemental place of business, or relocation of an existing new motor vehicle dealer, as the case may be, if a manufacturer, distributor or factory branch provides a dispute resolution mechanism for the establishment of an additional new motor vehicle dealer or supplemental place of business or for relocating a new motor vehicle dealer which meets the following criteria:
(a) The decision makers under the dispute resolution mechanism shall either be:
(1) Independent and not employed by, or affiliated with the manufacturer, distributor, factory branch or dealers if there is no specific process reached by prior agreement between the protesting dealer and the manufacturer, distributor or factory branch; or
(2) an individual or panel selected by a process mutually agreeable to the protesting dealer and the manufacturer, distributor or factory branch under the terms of the franchise agreement between them.
(b) There is a standard for deciding such cases under the terms of the dispute resolution process which allows a protesting dealer to include evidence on impact upon the existing dealers in addition to any other factors expressly or implicitly considered under the mechanism.
History:
L. 1991, ch. 32, § 2; L. 1994, ch. 302, § 9; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2432 Same; act part of vehicle dealers and manufacturers licensing act.

8-2432.
Same; act part of vehicle dealers and manufacturers licensing act.
This act shall be a part of and supplemental to the vehicle dealers and manufacturers licensing act.
History:
L. 1991, ch. 32, § 3; May 2.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2433 Temporary permit for vehicle salesperson.

8-2433.
Temporary permit for vehicle salesperson.
(a) Whenever application for a license as a vehicle salesperson has been made, a temporary permit may be granted by the director, effective with the application date for the salesperson license provided the salesperson is under direct supervision whenever any sale for a vehicle is conducted. The temporary permit shall be valid until such time as the application is approved or denied by the director but in no case shall such temporary license be valid for a period exceeding 45 days.
(b) The director shall not grant to any person more than one temporary salesperson's license, as provided in subsection (a), during any twelve-month period commencing with the date on which the person made application for licensing as a salesperson and such temporary permit was granted.
(c) This section shall be a part of and supplemental to the vehicle dealers and manufacturers licensing act.
History:
L. 1992, ch. 37, § 1; L. 1993, ch. 252, § 9; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2434 Selling motor vehicles without a license; penalty.

8-2434.
Selling motor vehicles without a license; penalty.
It shall be unlawful and constitute a misdemeanor, punishable by a fine not to exceed $2,500, for any person to do business as a motor vehicle dealer, salvage vehicle dealer, motor vehicle manufacturer, motor vehicle converter, auction motor vehicle dealer, vehicle crusher, vehicle recycler, rebuilder, scrap metal recycler, salvage vehicle pool or salesperson without a license issued by the director. The isolated or occasional sale of a vehicle by a person who owned such vehicle shall not constitute the doing of business as a vehicle dealer.
History:
L. 1992, ch. 130, § 1; L. 2009, ch. 63, § 6; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2436 Salvage vehicle pools; requirements.

8-2436.
Salvage vehicle pools; requirements.
(a) A salvage vehicle pool shall be licensed in accordance with the provisions of this act.
(b) A salvage vehicle pool shall have available on the premises a certificate of title or a facsimile or photocopy of the complete title of a salvage vehicle sold by the salvage vehicle pool.
(c) The provisions of this section shall be part of and supplemental to the vehicle dealers and manufacturers licensing act.
History:
L. 1994, ch. 302, § 10; L. 2009, ch. 63, § 7; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2437 Application of act.

8-2437.
Application of act.
(a) Any licensee receiving or renewing its license after the effective date of this act in all respects agrees to be bound by its provisions and shall comply with it, and no franchise agreement made, entered or renewed after the effective date of this act shall avoid or circumvent the requirements of this act, or violate its provisions, and no franchise agreement shall be performed after the date the licensee's license is issued or renewed in such a manner that the licensee avoids, circumvents or otherwise does not conform or comply with the requirements of this act. Notwithstanding the effective date of any franchise agreement, all licenses and renewals thereof are issued subject to all provisions of the dealers and manufacturers licensing act and any regulations in effect upon the date of issuance, as well as all future provisions of this act and any regulations which may become effective during the term of the license.
(b) The provisions of this section shall be a part of and supplemental to the vehicle dealers and manufacturers licensing act.
History:
L. 1998, ch. 71, § 3; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2439 Delivery of motor vehicles to persons in state; who authorized to deliver.

8-2439.
Delivery of motor vehicles to persons in state; who authorized to deliver.
(a) In addition to any other restrictions or requirements imposed by law, no first stage manufacturer or second stage manufacturer of vehicles, factory branch, distributor branch, or distributor or factory representative may deliver a motor vehicle in this state to a person in this state, unless such motor vehicle is delivered to the person by a vehicle dealer licensed to do business in the state of Kansas pursuant to the dealers and manufacturers licensing act and as provided in this section. Unless otherwise provided by law, all new motor vehicles shall be delivered as required by this section by a new vehicle dealer who is a party to a franchise agreement for the same line-make vehicle as that to be delivered and in the case of used motor vehicles, then by a new vehicle dealer or used vehicle dealer. As used in this section, the term "line-make vehicle" shall have the same meaning as provided in K.S.A. 8-2438, and amendments thereto.
(b) The requirements of this section shall not apply to:
(1) A person to whom the provisions of subsection (v) of K.S.A. 8-2404, and amendments thereto, apply;
(2) motor vehicles delivered by one licensed motor vehicle dealer to another within the scope of such license, including those delivered by first stage manufacturers and second stage manufacturers to each other;
(3) deliveries of motor vehicles, including those which are used, to new vehicle dealers for resale in this state by such new vehicle dealer;
(4) deliveries of used motor vehicles to auction motor vehicle dealers, used vehicle dealers and salvage vehicle dealers for resale in this state; and
(5) (A) deliveries of motor vehicles to first stage converters and second stage converters for the construction and sale of motor vehicles produced by such licensee; or
(B) the resulting motor vehicles so constructed and produced by such licensee if it has not historically relied primarily upon franchise agreements with new vehicle dealers for the retail sale in this state of a material portion of the motor vehicles it produces and does not primarily utilize or rely upon franchise agreements between itself and new vehicle dealers for the retail sale in this state of new motor vehicles produced by such first or second stage convertor.
History: L. 2000, ch. 20, § 2; March 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2440 Transactions executed outside state; when lemon law applicable.

8-2440.
Transactions executed outside state; when lemon law applicable.
If a transaction for the sale of a new motor vehicle which does not take place in the state of Kansas requires or allows delivery in the state of Kansas, then such new motor vehicle shall be deemed to have been sold in this state for purposes of meeting the definition set forth in subsection (a)(2) of K.S.A. 50-645, and amendments thereto, upon delivery of such motor vehicle within the state of Kansas to a consumer as defined in subsection (a)(1) of K.S.A. 50-645, and amendments thereto, and the new motor vehicle shall thereafter be subject to the provisions of K.S.A. 50-645 and 50-646, and amendments thereto.
History: L. 2000, ch. 20, § 3; March 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2441 Aiding or abetting violations of act prohibited.

8-2441.
Aiding or abetting violations of act prohibited.
No dealer may aid or abet a person in violating the dealers and manufacturers licensing act.
History: L. 2000, ch. 20, § 4; March 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2442 Severability.

8-2442.
Severability.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 2000, ch. 20, § 5; March 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 24 - Licensure Of Vehicle Sales And Manufacture › 8-2443 Act supplemental to vehicle dealers and manufacturers licensing act.

8-2443.
Act supplemental to vehicle dealers and manufacturers licensing act.
This act shall be a part of and supplemental to the vehicle dealers and manufacturers licensing act.
History: L. 2000, ch. 20, § 6; March 30.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 25 - Seat Belts › 8-2502 Same; "passenger car" defined.

8-2502.
Same; "passenger car" defined.
As used in this act, "passenger car" means a motor vehicle, manufactured or assembled after January 1, 1968, or a motor vehicle manufactured or assembled prior to 1968 which was manufactured or assembled with safety belts, with motive power designed for carrying 10 passengers or fewer, including vans, but does not include a motorcycle or a motor-driven cycle.
History:
L. 1986, ch. 35, § 2; L. 2005, ch. 175, § 2; L. 2007, ch. 140, § 10; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 25 - Seat Belts › 8-2503 Same; wearing of seat belt required; exceptions; educational program; evaluation of effectiveness of act; enforcement.

8-2503. Same; wearing of seat belt required; exceptions; educational program; evaluation of effectiveness of act; enforcement.
(a) Except as provided in subsection (b):
(1) Each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is 18 years of age or older, shall have a safety belt properly fastened about such person's body at all times when the passenger car is in motion; and
(2) each occupant of either a passenger car manufactured with safety belts in compliance with federal motor vehicle safety standard no. 208 or an autocycle, who is at least 14 years of age but less than 18 years of age, shall have a safety belt properly fastened about such person's body at all times when the passenger car is in motion.
(b) This section does not apply to:
(1) An occupant of a passenger car who possesses a written statement from a licensed physician that such person is unable for medical reasons to wear a safety belt system;
(2) carriers of United States mail while actually engaged in delivery and collection of mail along their specified routes; or
(3) newspaper delivery persons while actually engaged in delivery of newspapers along their specified routes.
(c) The secretary of transportation shall initiate an educational program designed to encourage compliance with the safety belt usage provisions of this act.
(d) The secretary shall evaluate the effectiveness of this act and shall include a report of its findings in the annual evaluation report on its highway safety plan that it submits under 23 U.S.C. § 402.
(e) Law enforcement officers shall not stop drivers for violations of subsection (a)(1) by a back seat occupant in the absence of another violation of law. A citation for violation of subsection (a)(1) by a back seat occupant shall not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
History:
L. 1986, ch. 35, § 3; L. 1989, ch. 40, § 4; L. 2007, ch. 140, § 11; L. 2010, ch. 157, § 1; L. 2011, ch. 45, § 9; L. 2015, ch. 48, § 8; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 25 - Seat Belts › 8-2504 Same; fines; violation not reported to department of revenue; failure to use seat belt not admissible to determine negligence or damages.

8-2504. Same; fines; violation not reported to department of revenue; failure to use seat belt not admissible to determine negligence or damages.
(a) (1) Persons violating K.S.A. 8-2503(a)(1), and amendments thereto, shall be fined $30 and no court costs; and
(2) persons violating K.S.A. 8-2503(a)(2), and amendments thereto, shall be fined $60 and no court costs.
(b) No court shall report violation of this act to the department of revenue.
(c) Evidence of failure of any person to use a safety belt shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages.
(d) The provisions of this section shall be applicable and uniform throughout the state and no city, county, subdivision or local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of this section.
History:
L. 1986, ch. 35, § 4; L. 2007, ch. 140, § 12; L. 2010, ch. 157, § 2; L. 2011, ch. 45, § 10; L. 2017, ch. 74, § 6; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 25 - Seat Belts › 8-2505 Same; act does not affect requirement of crash protection under federal law.

8-2505.
Same; act does not affect requirement of crash protection under federal law.
The passage of this act shall not be interpreted to obviate the requirement of occupant crash protection as contained in 49 C.F.R. § 571.208, as authorized by 15 U.S.C. § 1392.
History:
L. 1986, ch. 35, § 5; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 25 - Seat Belts › 8-2506 Same; severability of act.

8-2506.
Same; severability of act.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1986, ch. 35, § 6; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 25 - Seat Belts › 8-2507 Same; manufacturer warranty on safety belts; "motor vehicle" defined.

8-2507.
Same; manufacturer warranty on safety belts; "motor vehicle" defined.
(a) From and after the effective date of this act, a manufacturer of a motor vehicle sold in this state which is equipped with safety belts in compliance with federal motor vehicle safety standard no. 208, shall provide for a ten-year warranty on such safety belts.
(b) As used in this section, "motor vehicle" means a new motor vehicle which is sold in this state, and which is registered for a gross weight of 12,000 pounds or less, and does not include the customized parts of motor vehicles which have been added or modified by second stage manufacturers, first stage converters or second stage converters as defined in K.S.A. 8-2401, and amendments thereto.
History:
L. 1986, ch. 35, § 7; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2601 Definitions.

8-2601.
Definitions.
As used in K.S.A. 8-2601 through 8-2611, and amendments thereto:
(a) "Director" means the director of vehicles, or a designee of the director;
(b) "division" means the division of vehicles of the department of revenue;
(c) "person" means every natural person, firm, partnership, association or corporation;
(d) "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon or public highway and is required to have a certificate of title of ownership issued pursuant to article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto;
(e) "vehicle dealer" shall have the meaning ascribed to it in K.S.A. 8-2401, and amendments thereto;
(f) "vehicle title service agent" means any person who acts as an agent for a fee in making application for or obtaining:
(1) A certificate of title of ownership of a vehicle;
(2) registration for or the license plate or plates for a vehicle;
(3) renewing the registration of a vehicle;
(4) temporary registrations for a licensed Kansas vehicle dealer;
(5) title assignment addendums for a licensed Kansas vehicle dealer; or
(6) sales tax receipt books for a licensed Kansas vehicle dealer.
"Vehicle title service agent" shall not include any person who is licensed under the provisions of K.S.A. 8-2401 et seq., and amendments thereto, or any person who engages as a vehicle title service agent only for commercial vehicles, as defined under K.S.A. 8-1,100, and amendments thereto.
History:
L. 2006, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2602 Complying with provisions of act.

8-2602.
Complying with provisions of act.
No person shall engage in the business of a vehicle title service agent unless such person has complied with the provisions of this act. The director shall issue licenses provided by this act and shall have supervision over the licensees in respect to all the provisions of this act.
History:
L. 2006, ch. 51, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2604 Title service agents; log required.

8-2604.
Title service agents; log required.
(a) Every licensee shall maintain for three years, a log containing a record entry of the date of each application, the name of the person for whom the title services were performed, the name of the owner, the vehicle identification number for each vehicle and if the service is performed for an individual, photo identification of the owner.
(b) Any record kept pursuant to subsection (a) shall be open to inspection by any authorized agent of the division of vehicles, member of the Kansas highway patrol or any authorized law enforcement officer during reasonable business hours.
History:
L. 2006, ch. 51, § 4; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2605 Denial, suspension or revocation of license; grounds.

8-2605.
Denial, suspension or revocation of license; grounds.
(a) A license may be denied, suspended or revoked or a renewal may be refused by the director on any of the following grounds:
(1) Material false statement in an application for a license;
(2) negligently failing to comply with any provision of this act or any rule and regulation adopted pursuant to this act;
(3) failure or refusal to furnish and keep in force any required bond;
(4) failure to comply with the laws of this state relating to certificates of title of vehicles;
(5) has failed or refused to permit inspection of the licensee's records as provided under subsection (b) of K.S.A. 8-2604, and amendments thereto, during the licensee's regular business hours;
(6) has failed or refused to surrender their license to the division or its agent upon demand;
(7) has demonstrated that such person is not of good character and reputation in the community in which the licensee resides;
(8) has, within five years immediately preceding the date of making application, been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of the violations of any law of any state or the United States in connection with such person's operation as a vehicle title service agent;
(9) has changed the location of such person's established place of business prior to approval of such change by the division;
(10) having in such person's possession a certificate of title which is not properly completed, otherwise known as an "open title";
(11) has failed to prominently display license; or
(12) has failed to comply with applicable Kansas tax laws.
(b) The director may deny the application for the license within 30 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Upon request by the applicant whose license has been so denied, the applicant shall be granted an opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act.
(c) If a licensee is a firm or corporation, it shall be sufficient cause for the denial, suspension or revocation of a license that any officer, director or trustee of the firm or corporation, or any member in case of a partnership, has been guilty of any act or omission which would be good cause for refusing, suspending or revoking a license to such party as an individual. Each licensee shall be responsible for the acts of its representatives while acting as its agent.
(d) Any licensee or other person aggrieved by a final order of the director, may appeal to the district court as provided by the Kansas judicial review act.
History:
L. 2006, ch. 51, § 5; L. 2010, ch. 17, § 23; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2606 Hearing for violation of act; penalty.

8-2606.
Hearing for violation of act; penalty.
(a) When any licensee is found to be allegedly violating any of the applicable provisions of this act, or any order or rule and regulation adopted pursuant thereto, the director upon the director's own motion or upon complaint may commence a hearing against the licensee, which hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Any person who is found to have violated any applicable provisions of this act, any rule and regulation adopted pursuant thereto or any applicable order of the director shall be subject to a civil penalty of not less than $100 nor more than $2,000 for each violation or such person's license may be suspended or revoked or both civil penalty and license suspension or revocation.
(c) Any party aggrieved by the decision of the director may appeal the same to the district court in accordance with the provisions of the Kansas judicial review act.
History:
L. 2006, ch. 51, § 6; L. 2010, ch. 17, § 24; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2607 Injunction; jurisdiction of courts.

8-2607.
Injunction; jurisdiction of courts.
Upon application of the director or any person having any interest in the subject matter, the district courts of this state may enjoin any person from violating any of the provisions of this act or any order or rule and regulation issued or adopted pursuant thereto.
History:
L. 2006, ch. 51, § 7; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2608 Service of process; secretary of state.

8-2608.
Service of process; secretary of state.
The obtaining of a license hereunder shall bring the applicant under the jurisdiction of the state of Kansas, and if no agent for service of process has been designated by a licensee, the licensee will be deemed to have designated the secretary of the state of Kansas as agent for receipt of service of process.
History:
L. 2006, ch. 51, § 8; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2609 Disposition of moneys.

8-2609.
Disposition of moneys.
The director shall remit all moneys received by or for the director from fees, charges or penalties under the provisions of this act 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 dealers and manufacturers fee fund.
History:
L. 2006, ch. 51, § 9; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 26 - Licensing Of Title Service Agents › 8-2611 Citation of act.

8-2611.
Citation of act.
The provisions of K.S.A. 8-2601 through 8-2611, and amendments thereto, may be cited as the vehicle title service agent licensing act.
History:
L. 2006, ch. 51, § 11; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2701 Kansas transportation network company services act.

8-2701. Kansas transportation network company services act.
This act shall be known and may be cited as the Kansas transportation network company services act.
History:
L. 2015, ch. 43, § 1; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2702 Same; definitions.

8-2702. Same; definitions.
Except as otherwise provided, as used in the Kansas transportation network company services act:
(a) "Act" means the Kansas transportation network company services act.
(b) "Digital network" means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
(c) "Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing a prearranged ride and is:
(1) Owned, leased or otherwise authorized for use by the transportation network company driver; and
(2) not a taxicab, limousine or for-hire vehicle.
(d) "Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A "prearranged ride" does not include transportation provided using a taxi, limousine or other for-hire vehicle.
(e) "Transportation network company" or "TNC" means a corporation, partnership, sole proprietorship or other entity operating in Kansas that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.
(f) "Transportation network company driver" or "driver" means an individual who:
(1) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(2) uses a personal vehicle to provide services for riders matched through a digital network controlled by a transportation network company and receives, in exchange for providing the passenger a ride, compensation that exceeds the individual's cost to provide the ride.
(g) "Transportation network company rider" or "rider" means an individual or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.
(h) "Vehicle owner" means the owner of a personal vehicle.
History:
L. 2015, ch. 43, § 2; L. 2015, ch. 69, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2703 Same; not motor carrier, taxicab or for-hire vehicle.

8-2703. Same; not motor carrier, taxicab or for-hire vehicle.
Transportation network companies or drivers shall not be considered motor carriers, private motor carriers or public motor carriers of passengers as those terms are defined in 49 C.F.R. § 390.5, as in effect on July 1, 2017, or any later version as established in rules and regulations adopted by the state corporation commission and K.S.A. 66-1,108, and amendments thereto, nor determined to provide taxicab or for-hire vehicle service so long as such TNC or driver meets the requirements of this act. In addition, a driver shall not be required to register the personal vehicle such driver uses for prearranged rides as a commercial or for-hire vehicle.
History:
L. 2015, ch. 43, § 3; L. 2017, ch. 18, § 2; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2705 Same; fares.

8-2705. Same; fares.
A TNC may charge a fare for the services provided to riders, provided that, if a fare is charged, the TNC shall disclose to riders the fare calculation method on its digital network. The TNC shall also provide riders with the applicable rates being charged and the option to receive an estimated fare before the rider enters the driver's personal vehicle.
History:
L. 2015, ch. 43, § 5; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2706 Same; identification.

8-2706. Same; identification.
The TNC's digital network shall display a picture of the driver, and the license plate number of the personal vehicle utilized for providing the prearranged ride before the rider enters the driver's vehicle.
History:
L. 2015, ch. 43, § 6; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2707 Same; electronic receipts.

8-2707. Same; electronic receipts.
Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider that lists:
(a) The origin and destination of the trip;
(b) the total time and distance of the trip; and
(c) an itemization of the total fare paid, if any.
History:
L. 2015, ch. 43, § 7; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2709 Same; mandatory disclosures.

8-2709. Same; mandatory disclosures.
The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company's digital network:
(a) The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; and
(b) the transportation network company driver's own automobile insurance policy might not provide any coverage while the driver is logged on to the transportation network company's digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
History:
L. 2015, ch. 43, § 9; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2710 Same; automobile insurers; exclusions.

8-2710. Same; automobile insurers; exclusions.
(a) Insurers that write automobile insurance in Kansas may exclude any and all coverage afforded under the driver's or vehicle owner's insurance policy for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy, including, but not limited to:
(1) Liability coverage for bodily injury and property damage;
(2) personal injury protection coverage as defined in K.S.A. 40-3107(f), and amendments thereto;
(3) uninsured and underinsured motorist coverage;
(4) medical payments coverage;
(5) comprehensive physical damage coverage; and
(6) collision physical damage coverage.
Such exclusions shall apply notwithstanding any requirement under the Kansas automobile injury reparations act, K.S.A. 40-3101 et seq., and amendments thereto. Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to transport passengers for compensation.
(b) Nothing in this section shall be deemed to preclude an insurer from providing coverage for the transportation network company driver's vehicle, if such insurer chooses to do so by contract or endorsement.
(c) Automobile insurers that exclude coverage as permitted in subsection (a) shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this act shall be deemed to invalidate or limit an exclusion contained in a policy.
(d) An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy as permitted in subsection (a) shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of K.S.A. 8-2708, and amendments thereto, at the time of loss.
(e) In a claims coverage investigation, transportation network companies and any insurer potentially providing coverage under K.S.A. 8-2708, and amendments thereto, shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any automobile insurance maintained under K.S.A. 8-2708, and amendments thereto.
History:
L. 2015, ch. 43, § 10; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2711 Same; zero tolerance policy for drugs or alcohol usage.

8-2711. Same; zero tolerance policy for drugs or alcohol usage.
(a) The TNC shall implement a zero tolerance policy on the use of drugs or alcohol while a driver is providing a prearranged ride or is logged into the TNC's digital network but is not providing a prearranged ride, and shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(b) Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such driver's access to the TNC's digital network and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
(c) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two years from the date that a rider complaint is received by the TNC.
History:
L. 2015, ch. 43, § 11; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2712 Same; employment requirements.

8-2712. Same; employment requirements.
Prior to permitting an individual to act as a driver on its digital network, the TNC shall:
(a) Require the individual to submit an application to the TNC, which includes information regarding the applicant's address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance and other information required by the TNC; and
(b) obtain and review a driving history research report for such individual.
History:
L. 2015, ch. 43, § 12; L. 2015, ch. 69, § 3; July 1.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2713 Same; vehicle equipment requirements.

8-2713.
Same; vehicle equipment requirements.
The TNC shall require that any personal vehicle that a driver will use to provide a prearranged ride meets the equipment requirements applicable to private personal vehicles under article 17 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2015, ch. 43, § 13; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2714 Same; only prearranged rides.

8-2714. Same; only prearranged rides.
A driver shall only provide prearranged rides and shall not solicit or accept street hails.
History:
L. 2015, ch. 43, § 14; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2715 Same; payment.

8-2715. Same; payment.
The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from riders and notify drivers of such policy. Drivers shall not solicit or accept cash payments from riders. Any payment for prearranged rides shall be made only electronically using the TNC's digital network.
History:
L. 2015, ch. 43, § 15; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2716 Same; non-discrimination policy.

8-2716. Same; non-discrimination policy.
(a) The TNC shall adopt a policy of non-discrimination with respect to riders and potential riders and notify drivers of such policy.
(b) Drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders.
(c) Drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
(e) A TNC shall provide riders an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a TNC cannot arrange wheelchair-accessible TNC service in any instance, it shall direct the rider to an alternate provider of wheelchair-accessible service, if available.
History:
L. 2015, ch. 43, § 16; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2717 Same; records.

8-2717. Same; records.
A TNC shall maintain:
(a) Individual trip records for at least one year from the date each trip was provided; and
(b) driver records at least until the one-year anniversary of the date on which a TNC driver's activation on the digital network has ended.
History:
L. 2015, ch. 43, § 17; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2718 Same; nondisclosure of personally identifiable information.

8-2718. Same; nondisclosure of personally identifiable information.
A TNC shall not disclose a rider's personally identifiable information to a third party unless: (a) The rider consents or disclosure is required by a legal obligation; or (b) disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms. In addition to the foregoing, a TNC shall be permitted to share a rider's name or telephone number with the driver providing prearranged rides to such rider in order to facilitate correct identification of the rider by the driver, or to facilitate communication between the rider and the driver.
History:
L. 2015, ch. 43, § 18; May 14.
2023 Kansas Statutes › Chapter 8 - Automobiles And Other Vehicles › Article 27 - Kansas Transportation Networkcompany Services Act › 8-2719 Same; mandatory insurance disclosure.

8-2719. Same; mandatory insurance disclosure.
(a) A TNC shall disclose prominently, with a separate acknowledgment of acceptance, to its TNC drivers in the prospective TNC drivers' written terms of service the following before the drivers are allowed to accept a request for TNC services on the TNC's digital network or software application:
"If the vehicle that you plan to use to provide transportation network company services has a lien against it, using the vehicle for transportation network company services may violate the terms of your contract with the lienholder. If you are required by agreement with the lienholder to maintain comprehensive and collision insurance on the vehicle, using the vehicle for TNC services without such insurance coverage may violate your legal obligation to the lienholder under Kansas law."
(b) If a TNC's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the TNC shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.
(c) If the vehicle used by a transportation network driver is subject to a lien and the lienholder requires comprehensive and collision insurance in its agreement, the transportation network driver shall ensure that comprehensive and collision insurance that covers the periods when the transportation network driver is logged on to a TNC's digital network but not engaged in a prearranged ride and when the transportation network driver is engaged in a prearranged ride is in effect.
(d) This section shall take effect on and after January 1, 2016.
History:
L. 2015, ch. 43, § 19; L. 2015, ch. 69, § 4; July 1.