(a) Every owner of a motor vehicle shall provide motor vehicle liability insurance coverage in accordance with the Kansas Automobile Injury Reparation Act, K.S.A. 40-3101 et seq., for every motor vehicle owned by such person unless such motor vehicle is included under an approved self-insurance plan as provided in K.S.A. Supp. 40-3104(f) or is otherwise expressly exempted under the laws of this state.

(b) An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public unless such motor vehicle is expressly exempted from said requirements pursuant to the laws of Kansas.

(c) No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from said requirements pursuant to the laws of this state.

(d) Any person operating a motor vehicle upon a highway or upon property open to use by the public shall display, upon demand, evidence of financial security to a law enforcement officer. Such evidence of financial security which meets the requirements of subsection (e) may be displayed on a cellular phone or other type of portable electronic device. The law enforcement officer to whom such evidence of financial security is displayed shall view only such evidence of financial security. Such law enforcement officer shall be prohibited from viewing any other content or information stored on such cellular phone or other portable electronic device. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand. The law enforcement officer shall attach a copy of the insurance verification form prescribed by the Secretary of Revenue to the copy of the citation forwarded to the court. No citation shall be issued to any person for failure to provide proof of financial security when evidence of financial security meeting the standards of subsection (e) is displayed upon demand of a law enforcement officer.

Whenever the authenticity of such evidence is questionable, the law enforcement officer may initiate the preparation of the insurance verification form prescribed by the Secretary of Revenue by recording information from the evidence of financial security displayed. The officer shall immediately forward the form to the Department of Revenue, and the Department of Revenue shall proceed with verification in the manner prescribed in the following paragraph. Upon return of a form indicating that insurance was not in force on the date indicated on the form, the Department of Revenue shall immediately forward a copy of the form to the law enforcement officer initiating preparation of the form.

(e) Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with violating subsections (a), (b) or (d) shall be convicted if such person produces in court, within ten (10) days of the date of arrest or of issuance of citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. Such evidence of financial security may be produced by displaying such information on a cellular phone or other type of portable electronic device. Any person to whom such evidence of financial security is displayed on a cellular phone or other type of portable electronic device shall be prohibited from viewing any other content or information stored on such cellular phone or portable electronic device. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number and the effective and expiration dates of the policy, or a certificate of self-insurance signed by the Commissioner of Insurance.

(f) Any person violating any provision of this section shall be guilty of a violation of this chapter and subject to a fine of not less than Three Hundred Dollars ($300.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment for a term of not more than six (6) months, or both such fine and imprisonment, except that any person convicted of violating any provision of this section within three (3) years of any such prior conviction shall be guilty of a violation of this chapter and subject to a fine of not less than Eight Hundred Dollars ($800.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment for a term not to exceed one (1) year, or both such fine and imprisonment. (K.S.A. Supp. 40-3104). (Ord. 14-57 § 28, 2014; Ord. 01-89 § 2, 2001.)