KS
Kansas House Bill HB2288

Kansas 2025-2026 Regular Session

Kansas House Bill HB2288 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2288
33 By Committee on Transportation
44 Requested by Tony Railsback on behalf of ABATE of Kansas, Inc.
55 2-5
66 AN ACT concerning motor vehicles; relating to motor vehicle repairs;
77 creating the motor vehicle right to repair act.
88 Be it enacted by the Legislature of the State of Kansas:
99 Section 1. The provisions of sections 1 through 8, and amendments
1010 thereto, shall be known and may be cited as the motor vehicle right to
1111 repair act.
1212 Sec. 2. As used in this act:
1313 (a) "Act" means the motor vehicle right to repair act.
1414 (b) "Authorized repair facility" means a person or entity operating in
1515 Kansas that is affiliated, by contract or otherwise, with a motor vehicle
1616 dealer or manufacturer and is engaged in the diagnosis, service or repair of
1717 motor vehicles.
1818 (c) "Board" means the motor vehicle repairs board established in
1919 section 4, and amendments thereto.
2020 (d) "Commercial motor vehicle" means a motor vehicle designed or
2121 used in the transport of passengers or property, if:
2222 (1) The vehicle has a gross vehicle weight rating of more than 26,000
2323 pounds; or
2424 (2) the vehicle is designed to transport 16 or more passengers,
2525 including the driver.
2626 (e) "Immobilizer system" means an electronic device designed for the
2727 sole purpose of preventing the theft of a motor vehicle by preventing the
2828 motor vehicle from starting without the correct activation or authorization
2929 code.
3030 (f) "Independent repair facility" means a person or entity that is not
3131 affiliated, by contract or otherwise, with a motor vehicle dealer or
3232 manufacturer and is engaged in the diagnosis, service, maintenance or
3333 repair of motor vehicles.
3434 (g) "Manufacturer" means any person or entity that, in the ordinary
3535 course of business, is engaged in the business of manufacturing or
3636 assembling motor vehicles.
3737 (h) "Mechanical data" means any motor vehicle specific data,
3838 including telematics system data, generated by, stored in or transmitted by
3939 a motor vehicle and used in the diagnosis, repair or maintenance of a
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7575 motor vehicle.
7676 (i) "Motor vehicle" means any vehicle that is designed for
7777 transporting persons or property on a street or highway and is certified by
7878 the manufacturer under all applicable federal safety and emissions
7979 standards and requirements for distribution and sale in the United States.
8080 "Motor vehicle" does not include any farm tractor, farm trailer or
8181 implement of husbandry as those terms are defined in K.S.A. 8-126, and
8282 amendments thereto.
8383 (j) "Motor vehicle dealer" means any person or entity that, in the
8484 ordinary course of business, is engaged in the business of selling or leasing
8585 motor vehicles.
8686 (k) "Repair" means the examination, maintenance, servicing,
8787 adjustment, improvement, replacement, removal or installation of a part of
8888 a motor vehicle, including, but not limited to, body work and paint.
8989 (l) "Telematics system" means a system in a motor vehicle that
9090 collects information generated by the operation of the vehicle and
9191 transmits that information using wireless communications to a remote
9292 receiving point where the information is stored or used.
9393 Sec. 3. Access to mechanical data and motor vehicle on-board
9494 diagnostic systems of all motor vehicles, including commercial motor
9595 vehicles and motor vehicles with a gross vehicle weight rating of more
9696 than 10,000 pounds, shall be standardized and made accessible to motor
9797 vehicle owners and independent repair facilities. Such access to
9898 mechanical data and motor vehicle on-board diagnostic systems shall not
9999 require authorization by a manufacturer, directly or indirectly, unless such
100100 authorization is standardized across all makes and models of motor
101101 vehicles sold in Kansas and is administered by the board established in
102102 section 4, and amendments thereto.
103103 Sec. 4. (a) There is hereby established under the jurisdiction of the
104104 attorney general the motor vehicle repairs board. The board shall be
105105 composed of:
106106 (1) One member to represent manufacturers, appointed by the
107107 attorney general;
108108 (2) one member to represent aftermarket motor vehicle parts
109109 manufacturers, appointed by the attorney general;
110110 (3) one member to represent aftermarket motor vehicle parts
111111 distributors or retailers, appointed by the attorney general;
112112 (4) one member to represent independent repair facilities, appointed
113113 by the attorney general; and
114114 (5) one member to represent motor vehicle dealers, appointed by the
115115 attorney general.
116116 (b) The chairperson of the board shall be appointed by the attorney
117117 general, except that the chairperson shall not be a member that represents
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161161 manufacturers. All other members of the board shall serve at the pleasure
162162 of the attorney general. The board shall meet upon call of the chairperson.
163163 (c) The board shall be responsible for managing the secure access to
164164 mechanical data, including ensuring on an ongoing basis that access to
165165 motor vehicle on-board diagnostic systems and the standardized access
166166 platform that is described in section 6, and amendments thereto, is securely
167167 stored based on all applicable federal and international data storage
168168 standards. Other responsibilities of the board shall include:
169169 (1) Identifying and adopting relevant standards for implementation of
170170 the act;
171171 (2) monitoring and developing policies for the evolving use and
172172 availability of mechanical data;
173173 (3) creating policies for compliance with relevant laws, regulations,
174174 standards, technologies and best practices related to access to mechanical
175175 data; and
176176 (4) investigating suspected violations of the act.
177177 (d) If the board has reason to believe that a manufacturer has violated
178178 any provision of the act, the board shall refer the suspected violation to the
179179 office of the attorney general. The office of the attorney general shall
180180 promptly file any actions or proceedings for violations of the act in the
181181 district court of any county where an act or practice by a manufacturer,
182182 determined by the board and the office of the attorney general, was found
183183 to be a violation of the act.
184184 Sec. 5. (a) For model year 2002 vehicles, including commercial
185185 motor vehicles and vehicles having a gross weight rating of more than
186186 10,000 pounds:
187187 (1) Manufacturers of motor vehicles sold in Kansas shall make
188188 available all diagnostic repair tools, parts, software and components for
189189 purchase by motor vehicle owners and independent repair facilities
190190 necessary for the repair of such vehicles. Such diagnostic repair tools,
191191 parts, software and components shall incorporate the same diagnostic,
192192 functional repair and remote communication capabilities that the
193193 manufacturer makes available to the manufacturer's authorized repair
194194 facilities and be made available at comparable costs and terms charged to
195195 new motor vehicle dealers and authorized repair facilities.
196196 (2) Manufacturers shall be required to do the following:
197197 (A) Provide diagnostic repair information to each aftermarket motor
198198 vehicle scan tool company and each third-party service information
199199 provider that the manufacturer has licensing, contractual or confidentiality
200200 agreements with for purposes of building aftermarket diagnostic tools and
201201 third-party service information publications and systems. Once a
202202 manufacturer provides such diagnostic repair information pursuant to this
203203 subparagraph, the requirements of this subparagraph shall be satisfied by
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247247 such manufacturer. Manufacturers shall not be responsible for the content
248248 and functionality of aftermarket diagnostic tools or service information
249249 providers;
250250 (B) make available the same diagnostic and repair information,
251251 including repair technical updates, for purchase by motor vehicle owners
252252 and independent repair facilities that the manufacturer makes available to
253253 the manufacturer's authorized repair facilities through the manufacturer's
254254 internet-based diagnostic and repair information system; and
255255 (C) provide access to the manufacturer's diagnostic and repair
256256 information system for purchase by motor vehicle owners and independent
257257 repair facilities on a daily, monthly or yearly subscription basis at
258258 comparable costs and terms that the manufacturer charges the
259259 manufacturer's authorized repair facilities for access to such subscriptions.
260260 (3) All parts, tools, software and other components necessary to
261261 complete a full repair of a motor vehicle, as described in this subsection,
262262 shall be made available and provided to motor vehicle owners and
263263 authorized independent repair facilities.
264264 (b) For model year 2002 through 2017 vehicles, including
265265 commercial motor vehicles and vehicles having a gross vehicle weight
266266 rating of more than 10,000 pounds:
267267 (1) Access to a motor vehicle's on-board diagnostic system and repair
268268 information system shall be the same for a motor vehicle owner or an
269269 independent repair facility as that provided to a motor vehicle dealer.
270270 (2) All parts, tools, software and components necessary to complete a
271271 full repair of a motor vehicle, as described in this subsection, shall be
272272 made available and provided to motor vehicle owners and authorized
273273 independent repair facilities.
274274 (c) For model year 2018 vehicles and each model year thereafter,
275275 including commercial motor vehicles and vehicles having a gross vehicle
276276 weight rating of more than 10,000 pounds:
277277 (1) Access to the on-board diagnostic and repair information system
278278 shall be made available through use of a personal computer with sufficient
279279 memory, processor speed, connectivity and other remote communication
280280 capabilities as specified for use by the manufacturer.
281281 (2) Model year 2018 vehicles and each model year thereafter shall be
282282 equipped with:
283283 (A) A nonproprietary motor vehicle interface device that complies
284284 with SAE international standard J2534, SAE international standard J1939,
285285 commonly referred to as SAE J2534 and SAE J1939, the international
286286 organization for standardization standard 22900, commonly referred to as
287287 ISO 22900, or any successor to SAE J2534, SAE J1030 or ISO 22900 as
288288 may be accepted or published by SAE international or the international
289289 organization for standardization, as appropriate;
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333333 (B) an on-board diagnostic and repair information system integrated
334334 into and entirely self-contained within the motor vehicle, including, but
335335 not limited to, service information systems integrated into an on-board
336336 display; and
337337 (C) a system that provides direct access to on-board diagnostic and
338338 repair information through a nonproprietary motor vehicle interface, such
339339 as ethernet, universal serial bus or digital versatile disc.
340340 (3) Each manufacturer shall provide access to the same on-board
341341 diagnostic and repair information available to motor vehicle dealers,
342342 including technical updates to such on-board diagnostic systems, through
343343 the nonproprietary interfaces described in paragraph (2).
344344 (4) All parts, tools, software and components necessary to complete a
345345 full repair of a motor vehicle, as described in this subsection, shall be
346346 made available and provided to motor vehicle owners and authorized
347347 independent repair facilities.
348348 Sec. 6. (a) On or before January 1, 2027, a manufacturer of motor
349349 vehicles sold in Kansas, including commercial motor vehicles and vehicles
350350 with a gross vehicle weight rating of more than 10,000 pounds, that
351351 installs a telematics system on such manufacturer's motor vehicles is
352352 required to equip vehicles sold in Kansas with an interoperable and
353353 standardized access platform for all of the manufacturer's motor vehicle
354354 makes and models. A motor vehicle owner shall be able to grant
355355 authorization for use of mechanical data using the standardized access
356356 platform.
357357 (b) The standardized access platform provided for in this section shall
358358 be capable of securely communicating all mechanical data emanating
359359 directly from the motor vehicle via a direct data connection to the
360360 platform. The platform shall be directly accessible by the motor vehicle
361361 owner through a mobile-based application and, upon authorization of the
362362 motor vehicle owner, all mechanical data shall be directly accessible by an
363363 independent repair facility or a motor vehicle dealer. Such access to
364364 mechanical data using the standardized access platform shall be limited to
365365 the time to complete the repair of the motor vehicle or for a period of time
366366 agreed to by the motor vehicle owner for the purposes of maintaining,
367367 diagnosing and repairing the motor vehicle. Such access to mechanical
368368 data shall include the ability to send commands to in-vehicle components
369369 for purposes of maintenance, diagnosis and repairs.
370370 (c) All parts, tools, software and other components necessary to
371371 complete a full repair of the motor vehicle, as provided in this section,
372372 shall be included and provided to motor vehicle owners and independent
373373 repair facilities.
374374 Sec. 7. Manufacturers of vehicles sold in Kansas may exclude
375375 diagnostic, service and repair information necessary to reset an
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419419 immobilizer system or security-related electronic modules from the
420420 information required to be provided to motor vehicle owners and
421421 independent repair facilities under the act. If information to reset an
422422 immobilizer system or security-related electronic modules is excluded
423423 pursuant to this section, such information shall be made available to motor
424424 vehicle owners and independent repair facilities through the secure data
425425 release model system used by the national automotive service task force,
426426 as in effect on January 1, 2026, or any other known, reliable and accepted
427427 data release model system.
428428 Sec. 8. A motor vehicle owner or independent repair facility
429429 authorized by an owner to make repairs on such owner's motor vehicle but
430430 has been denied access to mechanical data in violation of the act, may
431431 bring a civil action seeking any remedies provided by law. Each denial of
432432 access shall constitute a violation of the act and subject to a civil penalty
433433 of $3,000 per violation or $10,000, whichever amount is greater.
434434 Sec. 9. This act shall take effect and be in force from and after
435435 January 1, 2026, and its publication in the statute book.
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