Read the full stored bill text
Session of 2025
SENATE BILL No. 122
By Senator Holscher
1-30
AN ACT concerning traffic regulations; prohibiting the use of an
electronic communications device while operating a motor vehicle;
providing a penalty for unlawful use of an electronic communications
device.
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;
(G) personal digital assistants;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
SB 122 2
(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) "V oice-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;
(5) manually enter letters, numbers or symbols into any website,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 122 3
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
to an audio broadcast or digital audio recording;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 122 4
(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
shall be a severity level 6, person felony.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 122 5
(i) This section shall be a part of and supplemental to the uniform act
regulating traffic on highways.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4