Session of 1999

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
13             section.
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
42       as calculated from the most recent edition of Your Driving Costs, pub-
43       lished by the American automobile association.
44             The reasonable allowance for use shall be calculated as follows:
Reasonable Allowance =
(Purchase Price + Collateral Charges * Miles Driven)
120,000 miles
48             Refunds shall be made to the consumer, and lienholder if any, as their
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 and during
53       any subsequent period when the vehicle is not out of service by reason
54       of repair. It shall be an affirmative defense to any claim under this act
55       that:
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.
85             (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.