Session of 2025
HOUSE BILL No. 2260
By Committee on Transportation
Requested by Representative Alcala on behalf of Todd Linder
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AN ACT concerning traffic regulations; prohibiting the use of an
electronic communication device while operating a motor vehicle;
providing a penalty for unlawful use of an electronic communication
device; also repealing K.S.A. 8-15,111.
Be it enacted by the Legislature of the State of Kansas:
Section 1. As used in sections 1 and 2, and amendments thereto:
(a) "Commercial motor vehicle" means a motor vehicle or
combination of motor vehicles used in commerce to transport passengers
or property if the vehicle:
(1) Has a gross combination weight rating or gross combination
weight of 26,001 or more pounds, whichever is greater, inclusive of a
towed unit which has a gross vehicle weight rating or gross vehicle weight
of more than 10,000 pounds, whichever is greater;
(2) has a gross vehicle weight rating or gross vehicle weight of
26,001 or more pounds, whichever is greater;
(3) is designed to transport 16 or more passengers, including the
driver; or
(4) is transporting hazardous materials and is required to be placarded
under the hazardous materials transportation act pursuant to 46 U.S.C. §
1801 et seq.
(b) (1) "Electronic communication device" means a portable device
that is used to initiate, receive, store, or view communication, information,
images or data electronically. "Electronic communication device" includes,
but is not limited to:
(A) Broadband personal communication devices;
(B) cellular telephones;
(C) computers to include tablets, laptops, notebook computers and
electronic or video game systems;
(D) devices capable of transmitting, retrieving or displaying a video,
movie, broadcast television image or visual image and any substantially
similar device that is used to initiate or receive communication or store
and review information, videos, images or data;
(E) electronic devices with mobile data access;
(F) pagers;
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(G) personal digital assistants;
(H) portable telephones; and
(I) text-messaging devices.
(2) "Electronic communication device" does not include:
(A) amateur or ham radio devices;
(B) citizens band radios;
(C) commercial two-way radio communication devices or their
functional equivalent;
(D) global positioning system receivers, security, navigation,
communication or remote diagnostics systems permanently affixed to the
vehicle;
(E) prescribed medical devices;
(F) radios; and
(G) subscription-based emergency communication devices.
(c) "Emergency service personnel" means a person employed by an
entity authorized to operate an authorized emergency vehicle pursuant to
K.S.A. 8-1404, and amendmnets thereto.
(d) "Noncommercial motor vehicle" means a motor vehicle or
combination of motor vehicles not defined by the term commercial motor
vehicle in this section.
(e) "Operating" means the actual physical control of a motor vehicle.
(f) "Operator" means a person who is in actual physical control of a
motor vehicle.
(g) "Voice-operated or hands-free feature or function" means a feature
or function, whether internally installed or externally attached or
connected to an electronic communication device, that allows a person to
use an electronic communication device without the use of either hand,
except to activate, deactivate or initiate the feature or function with a
single touch or single swipe.
This section shall be a part of and supplemental to the uniform act
regulating traffic on highways.
Sec. 2. (a) Except as otherwise provided in this section, no person
while operating a motor vehicle on any highway or property open to the
public for vehicular traffic in this state shall:
(1) Physically hold or support, with any part of the person's body, an
electronic communication device;
(2) write, send or read any text-based communication, including but
not limited to, a text message, instant message, email or social media
interaction on an electronic communication device;
(3) make any communication on an electronic communication device,
including a phone call, voice message or one-way voice communication;
(4) engage in any form of electronic data retrieval or electronic data
communication on an electronic communication device;
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(5) manually enter letters, numbers or symbols into any website,
search engine or application on an electronic communication device;
(6) watch a video or movie on an electronic communication device
other than watching data related to the navigation of the vehicle; or
(7) record, post, send or broadcast video, including a video
conference, on an electronic communication device.
(b) The operator of a school bus shall not use or operate an electronic
communication device while the school bus is in motion unless the device
is being used in a similar manner as a two-way radio to allow live
communication between the operator and school officials or public safety
officials. The operator of a school bus shall not use or operate an electronic
communication device or a two-way radio while loading or unloading
passengers.
(c) This section shall not apply to:
(1) A law enforcement officer or emergency service personnel acting
within the course and scope of the law enforcement officer's or emergency
service personnel's official duties;
(2) operators using an electronic communication device for the sole
purpose of reporting an emergency situation and continuing
communication with emergency personnel during the emergency situation;
(3) operators of noncommercial motor vehicles using an electronic
communication device solely through a voice-operated or hands-free
feature or function;
(4) operators of commercial motor vehicles using a voice-operated or
hands-free feature or function, as long as the operator remains seated and
is restrained by a seat belt as required by law;
(5) operators of commercial motor vehicles reading a message
displayed on a permanently installed communication device designed for a
commercial motor vehicle with a screen that does not exceed 10 inches tall
by 10 inches wide in size;
(6) operators using electronic communication devices while the
vehicle is lawfully stopped or parked;
(7) commercial motor vehicles that are responding to a request for
roadside assistance, when such response is conducted by an automobile
club as defined in K.S.A. 40-2502, and amendments thereto, or a towing
company;
(8) the use of an electronic communication device to relay
information between a transit or for-hire vehicle operator and that
operator's dispatcher, provided the device is mounted or affixed to the
vehicle;
(9) the use of an electronic communication device to access or view a
map for navigational purposes;
(10) the use of an electronic communication device to access or listen
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to an audio broadcast or digital audio recording;
(11) the use of an electronic communication device to relay
information through a transportation network company's digital network to
a transportation network company driver, provided the device is mounted
or affixed to the vehicle; or
(12) the use of an electronic device for the sole purpose of continually
monitoring operator behavior by recording or broadcasting video within or
outside the vehicle.
(d) A law enforcement officer who stops a noncommercial motor
vehicle for a violation of this section shall inform the operator of the
operator's right to decline a search of their electronic communication
device. No warrant shall be issued to confiscate or access an electronic
communication device based on a violation of this section unless the
violation results in great bodily harm or death.
(e) A violation of this section shall not be used to establish probable
cause for any other violation.
(f) No person shall be stopped, inspected or detained solely for a
violation of this section.
(g) From and after the effective date of this act and prior to January 1,
2026, a law enforcement officer shall issue a warning to anyone operating
a noncommercial motor vehicle violating the provisions of this section.
(h) (1) (A) Except as provided in subparagraph (B) and (C) and
paragraph (2), a violation of this section is a traffic infraction and shall be
subject to a fine of $150.
(B) For a second violation of this section within two years after a
prior conviction of this section, such person, upon conviction, shall be
fined $250 for the second violation.
(C) For a third and each succeeding violation of this section within
two years after two prior convictions of this section, such person, upon
conviction, shall be fined $500 for the third and each succeeding violation.
(2) A violation of this section that occurs in a school zone at a time
when a reduced speed limit is enforced as established by K.S.A. 8-1560(a)
or 8-1560e, and amendments thereto, or in a road construction zone, as
defined in K.S.A. 8-1458a, and amendments thereto, while workers are
present, the court shall impose a fine of $500.
(3) In addition to the penalties described in paragraph (1), a violation
of this section that is the proximate cause of damage to property in excess
of $5,000 shall be a class B nonperson misdemeanor.
(4) In addition to the penalties described in paragraph (1), a violation
of this section that is the proximate cause of great bodily harm to another
person shall be a class A person misdemeanor.
(5) In addition to the penalties described in paragraph (1), a violation
of this section that is the proximate cause of the death of another person
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shall be a severity level 6, person felony.
(i) This section shall be a part of and supplemental to the uniform act
regulating traffic on highways.
Sec. 3. K.S.A. 8-15,111 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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