Session of 1999
HOUSE BILL No. 2373
By Committee on Judiciary
11 AN ACT relating to consumer protection; concerning motor vehicle war-
12 ranties; amending K.S.A. 1998 Supp. 50-645 and repealing the existing
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1998 Supp. 50-645 is hereby amended to read as
17 follows: 50-645. (a) As used in this act:
18 (1) "Consumer" means the original purchaser or lessee, other than
19 for purposes of resale, of a motor vehicle; and
20 (2) "motor vehicle" means a new motor vehicle which is sold or leased
21 in this state, and which is registered for a gross weight of 12,000 pounds
22 or less, and does not include the customized parts of motor vehicles which
23 have been added or modified by second stage manufacturers, first stage
24 converters or second stage converters as defined in K.S.A. 8-2401, and
25 amendments thereto.
26 (b) If a motor vehicle does not conform to all applicable warranties,
27 and the consumer reports the nonconformity to the manufacturer, its
28 agent or its authorized dealer during the term of any warranties or during
29 the period of one year following the date of original delivery of the motor
30 vehicle to a consumer, whichever is the earlier date, the manufacturer,
31 its agent or its authorized dealer shall make such repairs as are necessary
32 to conform the vehicle to such warranties, notwithstanding the fact that
33 such repairs are made after the expiration of any such term or such one-
34 year period.
35 (c) If the manufacturer, or its agents or authorized dealers, are unable
36 to conform the motor vehicle to any applicable warranty after a reasonable
37 number of attempts, the manufacturer, at the consumer's option, shall
38 replace the motor vehicle with a comparable motor vehicle under war-
39 ranty or accept return of the vehicle from the consumer and refund to
40 the consumer the full purchase or lease price including all collateral
41 charges, less a reasonable allowance for the consumer's use of the vehicle
as calculated from the most recent edition of Your Driving Costs , pub-
lished by the American automobile association.
44 The reasonable allowance for use shall be calculated as follows:
45 Reasonable Allowance =
46 (Purchase Price + Collateral Charges * Miles Driven)
47 120,000 miles
48 Refunds shall be made to the consumer, and lienholder if any, as
49 such consumer's interests may appear.
A reasonable allowance for use
50 The miles driven shall be
that amount those miles directly attributable to
51 use by the consumer and any previous consumer prior to the first report
52 of the nonconformity to the manufacturer, agent or dealer
any subsequent period when the vehicle is not out of service by reason
of repair. It shall be an affirmative defense to any claim under this act
56 (1) An alleged nonconformity does not substantially impair such use
57 and value; or
58 (2) a nonconformity is the result of abuse, neglect or unauthorized
59 modifications or alterations of a motor vehicle by a consumer.
60 (d) If the manufacturer receives actual notice of the nonconformity,
61 it shall be presumed that a reasonable number of attempts have been
62 undertaken to conform a motor vehicle to the applicable warranties, if:
63 (1) The same nonconformity which substantially impairs the use and
64 value of the motor vehicle to the consumer has been subject to repair
65 four or more times by the manufacturer or its agents or authorized dealers
66 within the term of any warranty or during the period of one year following
67 the date of original delivery of the motor vehicle to a consumer, whichever
68 is the earlier date, but such nonconformity continues to exist;
69 (2) the vehicle is out of service by reason of repair for a cumulative
70 total of 30 or more calendar days during such term or period, whichever
71 is the earlier date; or
72 (3) there have been 10 or more attempts to repair any nonconform-
73 ities which substantially impair the use and value of the motor vehicle to
74 the consumer and such attempts to repair have been attempts by the
75 manufacturer or its agents or authorized dealers.
76 The term of any warranty, such one-year period and such thirty-day
77 period shall be extended by any period of time during which repair serv-
78 ices are not available to the consumer because of war, invasion, strike,
79 fire, flood or other natural disaster.
80 (e) If a manufacturer has established an informal dispute settlement
81 procedure which complies in all respects with the provisions of title 16,
82 code of federal regulations, part 703, as from time to time amended, the
83 provisions of subsection (c) concerning refunds or replacement shall not
84 apply to any consumer who has not first resorted to such procedure.
(f) The attorney general shall have jurisdiction to enforce this section.
86 (f) Any violation of this section by a manufacturer is an unconscion-
87 able act or practice under the Kansas consumer protection act.
88 (g) This act shall be a part of and supplemental to the Kansas con-
89 sumer protection act.
90 Sec. 2. K.S.A. 1998 Supp. 50-645 is hereby repealed.
91 Sec. 3. This act shall take effect and be in force from and after its
92 publication in the statute book.