Session of 2025
HOUSE BILL No. 2288
By Committee on Transportation
Requested by Tony Railsback on behalf of ABATE of Kansas, Inc.
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AN ACT concerning motor vehicles; relating to motor vehicle repairs;
creating the motor vehicle right to repair act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. The provisions of sections 1 through 8, and amendments
thereto, shall be known and may be cited as the motor vehicle right to
repair act.
Sec. 2. As used in this act:
(a) "Act" means the motor vehicle right to repair act.
(b) "Authorized repair facility" means a person or entity operating in
Kansas that is affiliated, by contract or otherwise, with a motor vehicle
dealer or manufacturer and is engaged in the diagnosis, service or repair of
motor vehicles.
(c) "Board" means the motor vehicle repairs board established in
section 4, and amendments thereto.
(d) "Commercial motor vehicle" means a motor vehicle designed or
used in the transport of passengers or property, if:
(1) The vehicle has a gross vehicle weight rating of more than 26,000
pounds; or
(2) the vehicle is designed to transport 16 or more passengers,
including the driver.
(e) "Immobilizer system" means an electronic device designed for the
sole purpose of preventing the theft of a motor vehicle by preventing the
motor vehicle from starting without the correct activation or authorization
code.
(f) "Independent repair facility" means a person or entity that is not
affiliated, by contract or otherwise, with a motor vehicle dealer or
manufacturer and is engaged in the diagnosis, service, maintenance or
repair of motor vehicles.
(g) "Manufacturer" means any person or entity that, in the ordinary
course of business, is engaged in the business of manufacturing or
assembling motor vehicles.
(h) "Mechanical data" means any motor vehicle specific data,
including telematics system data, generated by, stored in or transmitted by
a motor vehicle and used in the diagnosis, repair or maintenance of a
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motor vehicle.
(i) "Motor vehicle" means any vehicle that is designed for
transporting persons or property on a street or highway and is certified by
the manufacturer under all applicable federal safety and emissions
standards and requirements for distribution and sale in the United States.
"Motor vehicle" does not include any farm tractor, farm trailer or
implement of husbandry as those terms are defined in K.S.A. 8-126, and
amendments thereto.
(j) "Motor vehicle dealer" means any person or entity that, in the
ordinary course of business, is engaged in the business of selling or leasing
motor vehicles.
(k) "Repair" means the examination, maintenance, servicing,
adjustment, improvement, replacement, removal or installation of a part of
a motor vehicle, including, but not limited to, body work and paint.
(l) "Telematics system" means a system in a motor vehicle that
collects information generated by the operation of the vehicle and
transmits that information using wireless communications to a remote
receiving point where the information is stored or used.
Sec. 3. Access to mechanical data and motor vehicle on-board
diagnostic systems of all motor vehicles, including commercial motor
vehicles and motor vehicles with a gross vehicle weight rating of more
than 10,000 pounds, shall be standardized and made accessible to motor
vehicle owners and independent repair facilities. Such access to
mechanical data and motor vehicle on-board diagnostic systems shall not
require authorization by a manufacturer, directly or indirectly, unless such
authorization is standardized across all makes and models of motor
vehicles sold in Kansas and is administered by the board established in
section 4, and amendments thereto.
Sec. 4. (a) There is hereby established under the jurisdiction of the
attorney general the motor vehicle repairs board. The board shall be
composed of:
(1) One member to represent manufacturers, appointed by the
attorney general;
(2) one member to represent aftermarket motor vehicle parts
manufacturers, appointed by the attorney general;
(3) one member to represent aftermarket motor vehicle parts
distributors or retailers, appointed by the attorney general;
(4) one member to represent independent repair facilities, appointed
by the attorney general; and
(5) one member to represent motor vehicle dealers, appointed by the
attorney general.
(b) The chairperson of the board shall be appointed by the attorney
general, except that the chairperson shall not be a member that represents
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manufacturers. All other members of the board shall serve at the pleasure
of the attorney general. The board shall meet upon call of the chairperson.
(c) The board shall be responsible for managing the secure access to
mechanical data, including ensuring on an ongoing basis that access to
motor vehicle on-board diagnostic systems and the standardized access
platform that is described in section 6, and amendments thereto, is securely
stored based on all applicable federal and international data storage
standards. Other responsibilities of the board shall include:
(1) Identifying and adopting relevant standards for implementation of
the act;
(2) monitoring and developing policies for the evolving use and
availability of mechanical data;
(3) creating policies for compliance with relevant laws, regulations,
standards, technologies and best practices related to access to mechanical
data; and
(4) investigating suspected violations of the act.
(d) If the board has reason to believe that a manufacturer has violated
any provision of the act, the board shall refer the suspected violation to the
office of the attorney general. The office of the attorney general shall
promptly file any actions or proceedings for violations of the act in the
district court of any county where an act or practice by a manufacturer,
determined by the board and the office of the attorney general, was found
to be a violation of the act.
Sec. 5. (a) For model year 2002 vehicles, including commercial
motor vehicles and vehicles having a gross weight rating of more than
10,000 pounds:
(1) Manufacturers of motor vehicles sold in Kansas shall make
available all diagnostic repair tools, parts, software and components for
purchase by motor vehicle owners and independent repair facilities
necessary for the repair of such vehicles. Such diagnostic repair tools,
parts, software and components shall incorporate the same diagnostic,
functional repair and remote communication capabilities that the
manufacturer makes available to the manufacturer's authorized repair
facilities and be made available at comparable costs and terms charged to
new motor vehicle dealers and authorized repair facilities.
(2) Manufacturers shall be required to do the following:
(A) Provide diagnostic repair information to each aftermarket motor
vehicle scan tool company and each third-party service information
provider that the manufacturer has licensing, contractual or confidentiality
agreements with for purposes of building aftermarket diagnostic tools and
third-party service information publications and systems. Once a
manufacturer provides such diagnostic repair information pursuant to this
subparagraph, the requirements of this subparagraph shall be satisfied by
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such manufacturer. Manufacturers shall not be responsible for the content
and functionality of aftermarket diagnostic tools or service information
providers;
(B) make available the same diagnostic and repair information,
including repair technical updates, for purchase by motor vehicle owners
and independent repair facilities that the manufacturer makes available to
the manufacturer's authorized repair facilities through the manufacturer's
internet-based diagnostic and repair information system; and
(C) provide access to the manufacturer's diagnostic and repair
information system for purchase by motor vehicle owners and independent
repair facilities on a daily, monthly or yearly subscription basis at
comparable costs and terms that the manufacturer charges the
manufacturer's authorized repair facilities for access to such subscriptions.
(3) All parts, tools, software and other components necessary to
complete a full repair of a motor vehicle, as described in this subsection,
shall be made available and provided to motor vehicle owners and
authorized independent repair facilities.
(b) For model year 2002 through 2017 vehicles, including
commercial motor vehicles and vehicles having a gross vehicle weight
rating of more than 10,000 pounds:
(1) Access to a motor vehicle's on-board diagnostic system and repair
information system shall be the same for a motor vehicle owner or an
independent repair facility as that provided to a motor vehicle dealer.
(2) All parts, tools, software and components necessary to complete a
full repair of a motor vehicle, as described in this subsection, shall be
made available and provided to motor vehicle owners and authorized
independent repair facilities.
(c) For model year 2018 vehicles and each model year thereafter,
including commercial motor vehicles and vehicles having a gross vehicle
weight rating of more than 10,000 pounds:
(1) Access to the on-board diagnostic and repair information system
shall be made available through use of a personal computer with sufficient
memory, processor speed, connectivity and other remote communication
capabilities as specified for use by the manufacturer.
(2) Model year 2018 vehicles and each model year thereafter shall be
equipped with:
(A) A nonproprietary motor vehicle interface device that complies
with SAE international standard J2534, SAE international standard J1939,
commonly referred to as SAE J2534 and SAE J1939, the international
organization for standardization standard 22900, commonly referred to as
ISO 22900, or any successor to SAE J2534, SAE J1030 or ISO 22900 as
may be accepted or published by SAE international or the international
organization for standardization, as appropriate;
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(B) an on-board diagnostic and repair information system integrated
into and entirely self-contained within the motor vehicle, including, but
not limited to, service information systems integrated into an on-board
display; and
(C) a system that provides direct access to on-board diagnostic and
repair information through a nonproprietary motor vehicle interface, such
as ethernet, universal serial bus or digital versatile disc.
(3) Each manufacturer shall provide access to the same on-board
diagnostic and repair information available to motor vehicle dealers,
including technical updates to such on-board diagnostic systems, through
the nonproprietary interfaces described in paragraph (2).
(4) All parts, tools, software and components necessary to complete a
full repair of a motor vehicle, as described in this subsection, shall be
made available and provided to motor vehicle owners and authorized
independent repair facilities.
Sec. 6. (a) On or before January 1, 2027, a manufacturer of motor
vehicles sold in Kansas, including commercial motor vehicles and vehicles
with a gross vehicle weight rating of more than 10,000 pounds, that
installs a telematics system on such manufacturer's motor vehicles is
required to equip vehicles sold in Kansas with an interoperable and
standardized access platform for all of the manufacturer's motor vehicle
makes and models. A motor vehicle owner shall be able to grant
authorization for use of mechanical data using the standardized access
platform.
(b) The standardized access platform provided for in this section shall
be capable of securely communicating all mechanical data emanating
directly from the motor vehicle via a direct data connection to the
platform. The platform shall be directly accessible by the motor vehicle
owner through a mobile-based application and, upon authorization of the
motor vehicle owner, all mechanical data shall be directly accessible by an
independent repair facility or a motor vehicle dealer. Such access to
mechanical data using the standardized access platform shall be limited to
the time to complete the repair of the motor vehicle or for a period of time
agreed to by the motor vehicle owner for the purposes of maintaining,
diagnosing and repairing the motor vehicle. Such access to mechanical
data shall include the ability to send commands to in-vehicle components
for purposes of maintenance, diagnosis and repairs.
(c) All parts, tools, software and other components necessary to
complete a full repair of the motor vehicle, as provided in this section,
shall be included and provided to motor vehicle owners and independent
repair facilities.
Sec. 7. Manufacturers of vehicles sold in Kansas may exclude
diagnostic, service and repair information necessary to reset an
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immobilizer system or security-related electronic modules from the
information required to be provided to motor vehicle owners and
independent repair facilities under the act. If information to reset an
immobilizer system or security-related electronic modules is excluded
pursuant to this section, such information shall be made available to motor
vehicle owners and independent repair facilities through the secure data
release model system used by the national automotive service task force,
as in effect on January 1, 2026, or any other known, reliable and accepted
data release model system.
Sec. 8. A motor vehicle owner or independent repair facility
authorized by an owner to make repairs on such owner's motor vehicle but
has been denied access to mechanical data in violation of the act, may
bring a civil action seeking any remedies provided by law. Each denial of
access shall constitute a violation of the act and subject to a civil penalty
of $3,000 per violation or $10,000, whichever amount is greater.
Sec. 9. This act shall take effect and be in force from and after
January 1, 2026, and its publication in the statute book.
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