Session of 2021
SENATE BILL No. 113
By Committee on Ways and Means
1-28

1 AN ACT concerning the regulation of traffic; relating to distracted driving
2 violation; prohibiting the use of a wireless telecommunications device
3 while operating a motor vehicle; amending K.S.A. 2020 Supp. 8-2118
4 and repealing the existing section; also repealing K.S.A. 2020 Supp. 8-
5 15,111.
6
7 Be it enacted by the Legislature of the State of Kansas:
8 New Section 1. (a) A driver shall exercise due care in operating a
9 motor vehicle on any highway and shall not:
10 (1) Engage in any actions that distract such driver from the safe
11 operation of such vehicle; or
12 (2) physically hold or support, with any part of the individual's body,
13 a wireless telecommunications device.
14 (b) Holding a wireless telecommunications device while operating a
15 motor vehicle shall constitute prima facie evidence of a violation of
16 subsection (a).
17 (c) The provisions of subsection (a)(2) shall not apply to a motor
18 vehicle halted at a location where the vehicle can safely and lawfully
19 remain stationary.
20 (d) The provisions of subsection (a)(2) shall not prohibit a person
21 from using a wireless telecommunications device while operating a
22 moving motor vehicle to:
23 (1) Report current or ongoing illegal activity to law enforcement;
24 (2) prevent imminent injury to a person or property; or
25 (3) relay information between a transit or for-hire operator and the
26 operator's dispatcher, in which the device is permanently affixed to the
27 motor vehicle.
28 (e) (1) Any person charged with violating subsection (a)(2) for the
29 first time may produce in court either:
30 (A) A wireless telecommunications device, or proof of purchase of
31 such device, that grants a person the ability to use the wireless
32 telecommunications device without having to physically hold or support
33 the device and such use would comply with this section and not be guilty
34 of such offense; or
35 (B) evidence of completion of a wireless telecommunications device
36 driving safety program approved by the department of transportation.
SB 113 2
1 (2) A person who produces such evidence in court shall have the
2 charge dismissed. In such case, court costs shall be assessed. The court
3 shall require the person to affirm that they have not previously had an
4 offense dismissed pursuant to this subsection.
5 (f) As used in this section, "wireless telecommunications device" means
6 a cellular telephone, a portable telephone, a text-messaging device, a
7 personal digital assistant, a stand-alone computer, a global positioning
8 system receiver or substantially similar portable wireless device that is
9 used to initiate or receive communication, information or data. "Wireless
10 telecommunications device" does not include a radio, citizens band radio,
11 citizens band radio hybrid, commercial two-way radio communication
12 device or its functional equivalent, subscription-based emergency
13 communication device, prescribed medical device, amateur or ham radio
14 device or in-vehicle security, navigation or remote diagnostics system.
15 (g) This section shall be a part of and supplemental to the uniform act
16 regulating traffic on highways.
17 Sec. 2. K.S.A. 2020 Supp. 8-2118 is hereby amended to read as
18 follows: 8-2118. (a) A person charged with a traffic infraction shall, except
19 as provided in subsection (b), shall appear at the place and time specified
20 in the notice to appear. If the person enters an appearance, waives right to
21 trial, pleads guilty or no contest, the fine shall be no greater than that
22 specified in the uniform fine schedule in subsection (c) and court costs
23 shall be taxed as provided by law.
24 (b) Prior to the time specified in the notice to appear, a person
25 charged with a traffic infraction may enter a written appearance, waive
26 right to trial, plead guilty or no contest and pay the fine for the violation as
27 specified in the uniform fine schedule in subsection (c) and court costs
28 provided by law. Payment may be made in any manner accepted by the
29 court. The traffic citation shall not have been complied with if the payment
30 is not honored for any reason, or if the fine and court costs are not paid in
31 full. When a person charged with a traffic infraction makes payment
32 without executing a written waiver of right to trial and plea of guilty or no
33 contest, the payment shall be deemed such an appearance, waiver of right
34 to trial and plea of no contest.
35 (c) The following uniform fine schedule shall apply uniformly
36 throughout the state but shall not limit the fine which may be imposed
37 following a court appearance, except an appearance made for the purpose
38 of pleading and payment as permitted by subsection (a). The description of
39 offense contained in the following uniform fine schedule is for reference
40 only and is not a legal definition.
41 Description of Offense Statute Fine
42 Unsafe speed for prevailing 8-1557 $75
43 conditions
SB 113 3
1 Exceeding maximum speed 8-1558 1-10 mph over the
2 limit; or speeding in zone to limit, $45
3 posted by the state depart- 8-1560
4 ment of transportation; or 8-1560a 11-20 mph over the
5 speeding in locally posted or limit, $45 plus $6
6 zone 8-1560b per mph over 10
7 mph over the limit;
8 21-30 mph over the
9 limit, $105 plus $9
10 per mph over 20
11 mph over the limit;
12 31 and more mph
13 over the limit, $195
14 plus $15 per mph
15 over 30 mph over
16 the limit;
17 Disobeying traffic control de- 8-1507 $75
18 vice
19 Violating traffic control signal 8-1508 $75
20 Violating pedestrian control 8-1509 $45
21 signal
22 Violating flashing traffic signals 8-1510 $75
23 Violating lane-control signal 8-1511 $75
24 Unauthorized sign, signal, 8-1512 $45
25 marking or device
26 Driving on left side of roadway 8-1514 $75
27 Failure to keep right to pass 8-1515 $75
28 oncoming vehicle
29 Improper passing; increasing 8-1516 $75
30 speed when passed
31 Improper passing on right 8-1517 $75
32 Passing on left with insuffi- 8-1518 $75
33 cient clearance
34 Driving on left side where 8-1519 $75
35 curve, grade, intersec-
36 tion railroad crossing,or
37 obstructed view
38 Driving on left in no-passing 8-1520 $75
39 zone
40 Unlawful passing of stopped 8-1520a $75
41 emergency vehicle
42 Driving wrong direction on 8-1521 $75
43 one-way road
SB 113 4
1 Improper driving on laned 8-1522 $75
2 roadway
3 Following too close 8-1523 $75
4 Improper crossover on di- 8-1524 $45
5 vided highway
6 Failure to yield right-of-way 8-1526 $75
7 at uncontrolled intersection
8 Failure to yield to approach- 8-1527 $75
9 ing vehicle when turning
10 left
11 Failure to yield at stop or 8-1528 $75
12 yield sign
13 Failure to yield from private 8-1529 $75
14 road or driveway
15 Failure to yield to emergency 8-1530 $195
16 vehicle
17 Failure to yield to pedestrian 8-1531 $105
18 or vehicle working on
19 roadway
20 Failure to comply with re- 8-1531a $45
21 strictions in road con-
22 struction zone
23 Disobeying pedestrian traffic 8-1532 $45
24 control device
25 Failure to yield to pedestrian 8-1533 $75
26 in crosswalk; pedestrian
27 suddenly entering road-
28 way; passing vehicle
29 stopped for pedestrian at
30 crosswalk
31 Improper pedestrian crossing 8-1534 $45
32 Failure to exercise due care in 8-1535 $45
33 regard to pedestrian
34 Improper pedestrian move- 8-1536 $45
35 ment in crosswalk
36 Improper use of roadway by 8-1537 $45
37 pedestrian
38 Soliciting ride or business 8-1538 $45
39 on roadway
40 Driving through safety zone 8-1539 $45
41 Failure to yield to pedestrian 8-1540 $45
42 on sidewalk
43 Failure of pedestrian to yield 8-1541 $45
SB 113 5
1 to emergency vehicle
2 Failure to yield to blind pe- 8-1542 $45
3 destrian
4 Pedestrian disobeying bridge 8-1544 $45
5 or railroad signal
6 Improper turn or approach 8-1545 $75
7 Improper "U" turn 8-1546 $75
8 Unsafe starting of stopped 8-1547 $45
9 vehicle
10 Unsafe turning or stopping, 8-1548 $75
11 failure to give proper sig-
12 nal; using turn signal un-
13 lawfully
14 Improper method of giving 8-1549 $45
15 notice of intention to turn
16 Improper hand signal 8-1550 $45
17 Failure to stop or obey 8-1551 $195
18 road crossing signal
19 Failure to stop at railroad 8-1552 $135
20 crossing stop sign
21 Certain hazardous vehicles 8-1553 $195
22 failure to stop at railroad
23 crossing
24 Improper moving of heavy 8-1554 $75
25 equipment at railroad
26 crossing
27 Vehicle emerging from alley, 8-1555 $75
28 private roadway, building
29 or driveway
30 Improper passing of school 8-1556 $315
31 bus; improper use of
32 school bus signals
33 Improper passing of church 8-1556a $195
34 or day-care bus; improper
35 use of signals
36 Impeding normal traffic 8-1561 $45
37 by slow speed
38 Speeding on motor-driven 8-1562 $75
39 cycle
40 Speeding in certain vehicles 8-1563 $45
41 or on posted bridge
42 Improper stopping, standing 8-1569 $45
43 or parking on roadway
SB 113 6
1 Parking, standing or stopping 8-1571 $45
2 in prohibited area
3 Improper parking 8-1572 $45
4 Unattended vehicle 8-1573 $45
5 Improper backing 8-1574 $45
6 Driving on sidewalk 8-1575 $45
7 Driving with view or driving 8-1576 $45
8 mechanism obstructed
9 Unsafe opening of vehicle 8-1577 $45
10 door
11 Riding in house trailer 8-1578 $45
12 Unlawful riding on vehicle 8-1578a $75
13 Improper driving in defiles, 8-1579 $45
14 canyons, or on grades
15 Coasting 8-1580 $45
16 Following fire apparatus too 8-1581 $75
17 closely
18 Driving over fire hose 8-1582 $45
19 Putting glass, etc., on high- 8-1583 $105
20 way
21 Driving into intersection, 8-1584 $45
22 crosswalk, or crossing
23 without sufficient space
24 on other side
25 Improper operation of snow- 8-1585 $45
26 mobile on highway
27 Parental responsibility of 8-1586 $45
28 child riding bicycle
29 Not riding on bicycle seat; 8-1588 $45
30 too many persons on
31 bicycle
32 Clinging to other vehicle 8-1589 $45
33 Improper riding of bicycle on 8-1590 $45
34 roadway
35 Carrying articles on bicycle; 8-1591 $45
36 one hand on handlebars
37 Improper bicycle lamps, 8-1592 $45
38 brakes or reflectors
39 Improper operation of mo- 8-1594 $45
40 torcycle; seats; passen-
41 gers, bundles
42 Improper operation of motor 8-1595 $75
43 cycle on laned roadway
SB 113 7
1 Motorcycle clinging to other 8-1596 $45
2 vehicle
3 Improper motorcycle handle- 8-1597 $75
4 bars or passenger
5 equipment
6 Motorcycle helmet and eye- 8-1598 $45
7 protection requirements
8 Unlawful operation of all-ter- 8-15,100 $75
9 rain vehicle
10 Unlawful operation of 8-15,101 $75
11 low-speed vehicle
12 Littering 8-15,102 $115
13 Disobeying school crossing 8-15,103 $75
14 guard
15 Unlawful operation of micro 8-15,106 $75
16 utility truck
17 Failure to remove vehicles in 8-15,107 $75
18 accidents
19 Unlawful operation of golf 8-15,108 $75
20 cart
21 Unlawful operation of work- 8-15,109 $75
22 site utility vehicle
23 Unlawful display of license 8-15,110 $60
24 plate
25 Unlawful text messaging 8-15,111 $60
26 Unlawful passing of a waste 8-15,112 $45
27 collection vehicle
28 Distracted driving or unlawful section 1 $60
29 use of a wireless
30 telecommunications device
31 Equipment offenses that are 8-1701 $75
32 not misdemeanors
33 Driving without lights when 8-1703 $45
34 needed
35 Defective headlamps 8-1705 $45
36 Defective tail lamps 8-1706 $45
37 Defective reflector 8-1707 $45
38 Improper stop lamp or turn 8-1708 $45
39 signal
40 Improper lighting equipment 8-1710 $45
41 on certain vehicles
42 Improper lamp color on cer- 8-1711 $45
43 tain vehicles
SB 113 8
1 Improper mounting of re- 8-1712 $45
2 flectors and lamps on cer-
3 tain vehicles
4 Improper visibility of reflec- 8-1713 $45
5 tors and lamps on certain
6 vehicles
7 No lamp or flag on projecting 8-1715 $75
8 load
9 Improper lamps on parked 8-1716 $45
10 vehicle
11 Improper lights, lamps, re- 8-1717 $45
12 flectors and emblems on
13 farm tractors or slow-
14 moving vehicles
15 Improper lamps and equip- 8-1718 $45
16 ment on implements of
17 husbandry, road machin-
18 ery or animal-drawn ve-
19 hicles
20 Unlawful use of spot, fog, or 8-1719 $45
21 auxiliary lamp
22 Improper lamps or lights on 8-1720 $45
23 emergency vehicle
24 Improper stop or turn signal 8-1721 $45
25 Improper vehicular hazard 8-1722 $45
26 warning lamp
27 Unauthorized additional 8-1723 $45
28 lighting equipment
29 Improper multiple-beam lights 8-1724 $45
30 Failure to dim headlights 8-1725 $75
31 Improper single-beam head- 8-1726 $45
32 lights
33 Improper speed with alter- 8-1727 $45
34 nate lighting
35 Improper number of driving 8-1728 $45
36 lamps
37 Unauthorized lights and sig- 8-1729 $45
38 nals
39 Improper school bus lighting 8-1730 $45
40 equipment and warning
41 devices
42 Unauthorized lights and de- 8-1730a $45
43 vices on church or day-
SB 113 9
1 care bus
2 Improper lights on highway 8-1731 $45
3 construction or maintenance
4 vehicles
5 Defective brakes 8-1734 $45
6 Defective or improper use of 8-1738 $45
7 horn or warning device
8 Defective muffler 8-1739 $45
9 Defective mirror 8-1740 $45
10 Defective wipers; obstructed 8-1741 $45
11 windshield or windows
12 Improper tires 8-1742 $45
13 Improper flares or warning 8-1744 $45
14 devices
15 Improper use of vehicular 8-1745 $45
16 hazard warning lamps
17 and devices
18 Improper air-conditioning 8-1747 $45
19 equipment
20 Improper safety belt or 8-1749 $45
21 shoulder harness
22 Improper wide-based single 8-1742b $75
23 tires
2