As Amended by House Committee
Session of 2024
HOUSE BILL No. 2680
By Committee on Transportation
Requested by Representative Essex on behalf of Amber Rollins of Kids and Car
Safety
2-5
AN ACT concerning traffic regulations; relating to unattended children in
vehicles; creating a traffic infraction for leaving a child eight six years
of age or younger unattended in a vehicle and providing penalties
therefor; crediting fines from violations of such traffic infraction to the
family and children trust account of the family and children investment
fund; requiring the division of vehicles to include information
concerning the dangers of leaving unattended children in vehicles in
driving materials and courses; amending K.S.A. 8-2118 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) A parent, legal guardian or other person
responsible for a child who is eight six years of age or younger shall not
knowingly leave such child inside a motor vehicle without being subject to
the supervision of a person who is 12 years of age or older. This
subsection shall apply to any:
(A) Highway;
(B) public property;
(C) private property open to the public; or
(D) parking lot or parking facility not otherwise excluded
pursuant to paragraph (2).
(2) This subsection shall not apply to a private driveway or any
private parking lot or private parking facility of any property used for
residential purposes.
(b) Notwithstanding the provisions of K.S.A. 20-350 and 74-7336,
and amendments thereto, any fines collected pursuant to this section shall
be remitted by the clerk of the district court 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
credit the entire amount to the children and family trust account of the
family and children investment fund established in K.S.A. 38-1808, and
amendments thereto.
(c) The division of vehicles shall require information concerning the
dangers of leaving children unattended in motor vehicles, including, but
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not limited to, the effect of solar heat on the temperature of motor vehicle
interiors and the penalties for violating this section, to be included in the
following materials or courses:
(1) The Kansas driving handbook;
(2) drivers' training schools, as defined in K.S.A. 8-273, and
amendments thereto;
(3) driver training courses conducted by any board, as defined in
K.S.A. 72-4005, and amendments thereto;
(4) driver improvement clinics, as described in K.S.A. 8-255, and
amendments thereto; and
(5) any materials provided to community driving public awareness
and education programs by the division of vehicles or any other agencies,
including, but not limited to, the department of transportation, the
department for children and families and the Kansas highway patrol.
(d) A person who violates the provisions of this section may also be
prosecuted for, convicted of and punished for any offense in chapter 21 of
the Kansas Statutes Annotated, and amendments thereto, resulting from
leaving a child unattended in a motor vehicle.
(e) A law enforcement office shall issue a warning citation to
anyone violating the provisions of subsection (a). The provisions of this
subsection shall expire and have no effect on and after July 1, 2025.
(f) This section shall be a part of and supplemental to the uniform act
regulating traffic on highways.
Sec. 2. K.S.A. 8-2118 is hereby amended to read as follows: 8-2118.
(a) A person charged with a traffic infraction shall, except as provided in
subsection (b), appear at the place and time specified in the notice to
appear. If the person enters an appearance, waives right to trial, pleads
guilty or no contest, the fine shall be no greater than that specified in the
uniform fine schedule in subsection (c) and court costs shall be taxed as
provided by law.
(b) Prior to the time specified in the notice to appear, a person
charged with a traffic infraction may enter a written appearance, waive
right to trial, plead guilty or no contest and pay the fine for the violation as
specified in the uniform fine schedule in subsection (c) and court costs
provided by law. Payment may be made in any manner accepted by the
court. The traffic citation shall not have been complied with if the payment
is not honored for any reason, or if the fine and court costs are not paid in
full. When a person charged with a traffic infraction makes payment
without executing a written waiver of right to trial and plea of guilty or no
contest, the payment shall be deemed such an appearance, waiver of right
to trial and plea of no contest.
(c) The following uniform fine schedule shall apply uniformly
throughout the state but shall not limit the fine that may be imposed
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following a court appearance, except an appearance made for the purpose
of pleading and payment as permitted by subsection (a). The description of
offense contained in the following uniform fine schedule is for reference
only and is not a legal definition.
Description of Offense Statute Fine
Unsafe speed for prevailing 8-1557 $75
conditions
Exceeding maximum speed 8-15581-10 mph over the
limit; or speeding in zone to limit, $45
posted by the state depart-8-1560
ment of transportation; or 8-1560a11-20 mph over the
speeding in locally posted or limit, $45 plus $6
zone 8-1560bper mph over 10
mph over the limit;
21-30 mph over the
limit, $105 plus $9
per mph over 20
mph over the limit;
31 and more mph
over the limit, $195
plus $15 per mph
over 30 mph over
the limit;
Disobeying traffic control de-8-1507 $75
vice
Violating traffic control signal8-1508 $75
Violating pedestrian control 8-1509 $45
signal
Violating flashing traffic signals8-1510 $75
Violating lane-control signal 8-1511 $75
Unauthorized sign, signal, 8-1512 $45
marking or device
Driving on left side of roadway8-1514 $75
Failure to keep right to pass 8-1515 $75
oncoming vehicle
Improper passing; increasing 8-1516 $75
speed when passed
Improper passing on right 8-1517 $75
Passing on left with insuffi- 8-1518 $75
cient clearance
Driving on left side where 8-1519 $75
curve, grade, intersec-
tion railroad crossing, or
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obstructed view
Driving on left in no-passing 8-1520 $75
zone
Unlawful passing of stopped 8-1520a $75
emergency vehicle
Driving wrong direction on 8-1521 $75
one-way road
Improper driving on laned 8-1522 $75
roadway
Following too close 8-1523 $75
Improper crossover on di- 8-1524 $45
vided highway
Failure to yield right-of-way 8-1526 $75
at uncontrolled intersection
Failure to yield to approach- 8-1527 $75
ing vehicle when turning
left
Failure to yield at stop or 8-1528 $75
yield sign
Failure to yield from private 8-1529 $75
road or driveway
Failure to yield to emergency 8-1530 $195
vehicle
Failure to yield to pedestrian8-1531 $105
or vehicle working on
roadway
Failure to comply with re- 8-1531a $45
strictions in road con-
struction zone
Disobeying pedestrian traffic 8-1532 $45
control device
Failure to yield to pedestrian8-1533 $75
in crosswalk; pedestrian
suddenly entering road-
way; passing vehicle
stopped for pedestrian at
crosswalk
Improper pedestrian crossing 8-1534 $45
Failure to exercise due care in8-1535 $45
regard to pedestrian
Improper pedestrian move- 8-1536 $45
ment in crosswalk
Improper use of roadway by 8-1537 $45
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pedestrian
Soliciting ride or business 8-1538 $45
on roadway
Driving through safety zone 8-1539 $45
Failure to yield to pedestrian8-1540 $45
on sidewalk
Failure of pedestrian to yield8-1541 $45
to emergency vehicle
Failure to yield to blind pe- 8-1542 $45
destrian
Pedestrian disobeying bridge 8-1544 $45
or railroad signal
Improper turn or approach 8-1545 $75
Improper "U" turn 8-1546 $75
Unsafe starting of stopped 8-1547 $45
vehicle
Unsafe turning or stopping, 8-1548 $75
failure to give proper sig-
nal; using turn signal un-
lawfully
Improper method of giving 8-1549 $45
notice of intention to turn
Improper hand signal 8-1550 $45
Failure to stop or obey 8-1551 $195
road crossing signal
Failure to stop at railroad 8-1552 $135
crossing stop sign
Certain hazardous vehicles 8-1553 $195
failure to stop at railroad
crossing
Improper moving of heavy 8-1554 $75
equipment at railroad
crossing
Vehicle emerging from alley, 8-1555 $75
private roadway, building
or driveway
Improper passing of school 8-1556 $315
bus; improper use of
school bus signals
Improper passing of church 8-1556a $195
or day-care bus; improper
use of signals
Impeding normal traffic 8-1561 $45
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by slow speed
Speeding on motor-driven 8-1562 $75
cycle
Speeding in certain vehicles 8-1563 $45
or on posted bridge
Improper stopping, standing 8-1569 $45
or parking on roadway
Parking, standing or stopping 8-1571 $45
in prohibited area
Improper parking 8-1572 $45
Unattended vehicle 8-1573 $45
Improper backing 8-1574 $45
Driving on sidewalk 8-1575 $45
Driving with view or driving 8-1576 $45
mechanism obstructed
Unsafe opening of vehicle 8-1577 $45
door
Riding in house trailer 8-1578 $45
Unlawful riding on vehicle 8-1578a $75
Improper driving in defiles, 8-1579 $45
canyons, or on grades
Coasting 8-1580 $45
Following fire apparatus too 8-1581 $75
closely
Driving over fire hose 8-1582 $45
Putting glass, etc., on high- 8-1583 $105
way
Driving into intersection, 8-1584 $45
crosswalk, or crossing
without sufficient space
on other side
Improper operation of snow- 8-1585 $45
mobile on highway
Parental responsibility of 8-1586 $45
child riding bicycle
Not riding on bicycle seat; 8-1588 $45
too many persons on
bicycle
Clinging to other vehicle 8-1589 $45
Improper riding of bicycle on 8-1590 $45
roadway
Carrying articles on bicycle; 8-1591 $45
one hand on handlebars
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Improper bicycle lamps, 8-1592 $45
brakes or reflectors
Improper operation of mo- 8-1594 $45
torcycle; seats; passen-
gers, bundles
Improper operation of motor 8-1595 $75
cycle on laned roadway
Motorcycle clinging to other 8-1596 $45
vehicle
Improper motorcycle handle- 8-1597 $75
bars or passenger
equipment
Motorcycle helmet and eye- 8-1598 $45
protection requirements
Unlawful operation of all-ter-8-15,100 $75
rain vehicle
Unlawful operation of 8-15,101 $75
low-speed vehicle
Littering 8-15,102 $115
Disobeying school crossing 8-15,103 $75
guard
Unlawful operation of micro 8-15,106 $75
utility truck
Failure to remove vehicles in8-15,107 $75
accidents
Unlawful operation of golf 8-15,108 $75
cart
Unlawful operation of work- 8-15,109 $75
site utility vehicle
Unlawful display of license 8-15,110 $60
plate
Unlawful text messaging 8-15,111 $60
Unlawful passing of a waste 8-15,112 $45
collection vehicle
Unlawful operation of 8-15,113 $45
electric-assisted scooter
Unlawful passing of a utility or8-15,114 $105
telecommunications vehicle
Leaving a child unattended in asection 1 $100
motor vehicle
Equipment offenses that are 8-1701 $75
not misdemeanors
Driving without lights when 8-1703 $45
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needed
Defective headlamps 8-1705 $45
Defective tail lamps 8-1706 $45
Defective reflector 8-1707 $45
Improper stop lamp or turn 8-1708 $45
signal
Improper lighting equipment 8-1710 $45
on certain vehicles
Improper lamp color on cer- 8-1711 $45
tain vehicles
Improper mounting of re- 8-1712 $45
flectors and lamps on cer-
tain vehicles
Improper visibility of reflec-8-1713 $45
tors and lamps on certain
vehicles
No lamp or flag on projecting 8-1715 $75
load
Improper lamps on parked 8-1716 $45
vehicle
Improper lights, lamps, re- 8-1717 $45
flectors and emblems on
farm tractors or slow-
moving vehicles
Improper lamps and equip- 8-1718 $45
ment on implements of
husbandry, road machin-
ery or animal-drawn ve-
hicles
Unlawful use of spot, fog, or 8-1719 $45
auxiliary lamp
Improper lamps or lights on 8-1720 $45
emergency vehicle
Improper stop or turn signal 8-1721 $45
Improper vehicular hazard 8-1722 $45
warning lamp
Unauthorized additional 8-1723 $45
lighting equipment
Improper multiple-beam lights 8-1724 $45
Failure to dim headlights 8-1725 $75
Improper single-beam head- 8-1726 $45
lights
Improper speed with alter- 8-1727 $45
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nate lighting
Improper number of driving 8-1728 $45
lamps
Unauthorized lights and sig- 8-1729 $45
nals
Improper school bus lighting 8-1730 $45
equipment and warning
devices
Unauthorized lights and de- 8-1730a $45
vices on church or day-
care bus
Improper lights on highway 8-1731 $45
construction or maintenance
vehicles
Defective brakes 8-1734 $45
Defective or improper use of 8-1738 $45
horn or warning device
Defective muffler 8-1739 $45
Defective mirror 8-1740 $45
Defective wipers; obstructed 8-1741 $45
windshield or windows
Improper tires 8-1742 $45
Improper flares or warning 8-1744 $45
devices
Improper use of vehicular 8-1745 $45
hazard warning lamps
and devices
Improper air-conditioning 8-1747 $45
equipment
Improper safety belt or 8-1749 $45
shoulder harness
Improper wide-based single 8-1742b $75
tires
Improper compression re- 8-1761 $75
lease engine braking sys-
tem
Defective motorcycle head- 8-1801 $45
lamp
Defective motorcycle tail 8-1802 $45
lamp
Defective motorcycle reflec- 8-1803 $45
tor
Defective motorcycle stop 8-1804 $45
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lamps and turn signals
Defective multiple-beam 8-1805 $45
lighting
Improper road-lighting equip- 8-1806 $45
ment on motor-driven cy-
cles
Defective motorcycle or mo- 8-1807 $45
tor-driven cycle brakes
Improper performance abil- 8-1808 $45
ity of brakes
Operating motorcycle with 8-1809 $45
disapproved braking sys-
tem
Defective horn, muffler, mir- 8-1810 $45
rors or tires
Unlawful statehouse parking 75-4510a $30
Exceeding gross weight of 8-1909Pounds Overweight
vehicle or combination up to 1000...........$40
1001 to 2000.........3¢
per pound
2001 to 5000.........5¢
per pound
5001 to 7500.........7¢
per pound
7501 and over.....10¢
per pound
Exceeding gross weight on 8-1908Pounds Overweight
any axle or tandem, up to 1000...........$40
triple or quad axles 1001 to 2000.........3¢
per pound
2001 to 5000.........5¢
per pound
5001 to 7500.........7¢
per pound
7501 and over.....10¢
per pound
Failure to obtain proper re- 66-1324 $287
gistration, clearance or
to have current cer-
tification
Insufficient liability insur-66-1,128 $137
ance for motor carriers or 66-1314
Failure to obtain interstate79-34,122 $137
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motor fuel tax author-
ization
No authority as private or 66-1,111 $137
common carrier
Violation of motor carrier 66-1,129 $115
safety rules and regula-
tions, except for viola-
tions specified in K.S.A.
66-1,130(b)(2), and
amendments thereto
(d) Traffic offenses classified as traffic infractions by this section
shall be classified as ordinance traffic infractions by those cities adopting
ordinances prohibiting the same offenses. A schedule of fines for all
ordinance traffic infractions shall be established by the municipal judge in
the manner prescribed by K.S.A. 12-4305, and amendments thereto. Such
fines may vary from those contained in the uniform fine schedule
contained in subsection (c).
(e) Fines listed in the uniform fine schedule contained in subsection
(c) shall be doubled if a person is convicted of a traffic infraction, which is
defined as a moving violation in accordance with rules and regulations
adopted pursuant to K.S.A. 8-249, and amendments thereto, committed
within any road construction zone as defined in K.S.A. 8-1458a, and
amendments thereto.
(f) For a second violation of K.S.A. 8-1908 or 8-1909, and
amendments thereto, within two years after a prior conviction of K.S.A. 8-
1908 or 8-1909, and amendments thereto, such person, upon conviction
shall be fined 1
1
/2 times the applicable amount from one, but not both, of
the schedules listed in the uniform fine schedule contained in subsection
(c). For a third violation of K.S.A. 8-1908 or 8-1909, and amendments
thereto, within two years, after two prior convictions of K.S.A. 8-1908 or
8-1909, and amendments thereto, such person, upon conviction shall be
fined two times the applicable amount from one, but not both, of the
schedules listed in the uniform fine schedule contained in subsection (c).
For a fourth and each succeeding violation of K.S.A. 8-1908 or 8-1909,
and amendments thereto, within two years after three prior convictions of
K.S.A. 8-1908 or 8-1909, and amendments thereto, such person, upon
conviction shall be fined 2
1
/2 times the applicable amount from one, but
not both, of the schedules listed in the uniform fine schedule contained in
subsection (c).
(g) Fines listed in the uniform fine schedule contained in subsection
(c) relating to exceeding the maximum speed limit, shall be doubled if a
person is convicted of exceeding the maximum speed limit in a school
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zone authorized under K.S.A. 8-1560(a)(4), and amendments thereto.
(h) For a second violation of K.S.A. 8-1556, and amendments thereto,
within five years after a prior conviction of K.S.A. 8-1556, and
amendments thereto, such person, upon conviction, shall be fined $750 for
the second violation. For a third and each succeeding violation of K.S.A.
8-1556, and amendments thereto, within five years after two prior
convictions of K.S.A. 8-1556, and amendments thereto, such person, upon
conviction, shall be fined $1,000 for the third and each succeeding
violation.
(i) For a second violation of section 1(a), and amendments
thereto, within five years after a prior conviction of section 1(a), and
amendments thereto, such person, upon conviction, shall be fined $200
for such second violation. For a third and each succeeding violation of
section 1(a), and amendments thereto, within five years after two prior
convictions of section 1(a), and amendments thereto, such person,
upon conviction, shall be fined $500 for such third violation and each
succeeding violation.
Sec. 3. K.S.A. 8-2118 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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