Leases subject to other law

84-2a-104. Leases subject to other law. (1) A lease, although subject to this article, is also subject to any applicable: (a) Certificate of title statute of this state: (List any certificate of title statutes covering automobiles, trailers, mobile homes, boats and the like); (b) certificate of title statute of another jurisdiction (K.S.A. 84-2a-105, and amendments thereto); or (c) consumer protection statute of this state, or final consumer protection decision of a court of this state existing on the effective date of this article. (2) In case of conflict between this article, other than K.S.A. 84-2a-105, 84-2a-304(3) and 84-2a-305(3), and amendments thereto, and a statute or decision referred to in subsection (1), the statute or decision controls. (3) Failure to comply with an applicable law has only the effect specified therein. History: L. 1991, ch. 295, § 4; L. 2009, ch. 91, § 2; April 23. KANSAS COMMENT, 1996 1. As the Official Comments to this section explain, Article 2A creates a "comprehensive scheme for the regulation of transactions that create leases." Accordingly, this Article supersedes all existing state legislation concerning leases, except as specified in this section. This section is derived from sections 84-9-203(4) and 84-9-302(3)(b) and (c). 2. Subsection (1) provides that a lease subject to this Article also is subject to any applicable certificate of title statute (such as K.S.A. 8-135), any Kansas consumer protection statute, or any consumer protection decision by a Kansas court existing on February 1, 1992. Thus, the applicability of the Kansas Consumer Protection Act, K.S.A. 50-623 et seq., the Uniform Consumer Credit Code, K.S.A. 16a-1-101 et seq., and the Kansas Consumer Lease-Purchase Agreement Act, K.S.A. 50-680 et seq., all of which apply to consumer leases (see K.S.A. 50-624(c), 16a-1-301(11) & (12), & 50-681(3)), is preserved. In the event of any conflict between this Article and any of these statutes or decisions, the other statute or decision controls unless the provision of this Article at issue is section 84-2a-105, 84-2a-304(3), or 84-2a-305(3), all of which deal with certificate of title statutes. 3. This section does not address federal statutes that conflict with Article 2A. The Official Comments explain that federal statutes were not addressed because, as a matter of federal law, they preempt any conflicting state statutes. An example of such a federal statute is the Consumer Leasing Act, 15 U.S.C. §§ 1667 et seq., and regulations promulgated under that Act, Regulation M, 12 C.F.R. pt. 213.