Approved: March 19, 2019 MINUTES of the HOUSE

Approved: March 19, 2019

MINUTES OF THE HOUSE TRANSPORTATION COMMITTEE

The meeting was called to order by Chairperson Richard Proehl at 1:30 pm on Tuesday, March 12, 2019, in room 582-N of the Capitol.

All members were present except: Representative Barbara Ballard – Excused Representative Jeff Pittman – Excused

Substitute members: Representative Mike Amyx, appointed substitute member to the committee Representative Gail Finney, appointed substitute member to the committee

Committee staff present: Adam Siebers, Office of Revisor of Statutes Betty Boaz, Committee Assistant Chris Waggoner, Office of Revisor of Statutes Jessa Farmer, Legislative Research Department Jill Shelley, Legislative Research Department

Conferees appearing before the Committee: Ed Klumpp, representing Chiefs of Police Ass'n., Kansas Sheriffs Ass'n. and Kansas Peace Officers Ass'n. Doug Anstaett, Consultant and lobbyist, KS Press Ass'n.and on behalf of Kent Cornish, Executive Director of the KS Ass'n. of Broadcasters and Ron Keefover Director of the KS Sunshine Coalition for Open Government Callie Denton, Executive Director, KS Trial Lawyers Association Tom Warner, Warner Law Offices, Wichita

Others in attendance: See Attached List

Chairman Proehl called the meeting to order and opened the hearing on SSB62.

Hearing on: SB62 — Substitute for SB 62 by Committee on Transportation - Allowing police vehicle drivers to engage in certain actions without using audible and visual signals and also allowing certain actions by drivers. Staff explained the bill and answered questions. The Chairman recognized Ed Klumpp as the proponent. (Attachment 1) Mr. Klumpp said this issue had been raised several times and more frequently in recent years. According to Mr. Klumpp, Sub for SB62 would authorize exceptions, in narrowly defined circumstances, to the rules of the road in the Uniform Act Regulating Traffic on Highways by the driver of a police vehicle. He said other states have implemented similar statutes and

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 1 CONTINUATION SHEET MINUTES of the Committee on Transportation at 1:30 pm on Tuesday, March 12, 2019, in room 582- N of the Capitol. this proposal was fashioned after the South Carolina statute. He said they believed these exceptions are reasonable and are in line with common and acceptable police practices and are proposed with proper balance with officer responsibility to act in a reasonable and safe manner.

After all questions were answered the Chairman drew the Committee's attention to Written testimony submitted in support of SSB62 by the Kansas Highway Patrol.(Attachment 2)

Chairman Proehl recognized Doug Anstaett as the first opponent to SSB62. According to Mr. Anstaett his associations had two main concerns. (Attachment 3) The first concern was about transparency in that this bill gives permission to law enforcement to choose not to use lights and sirens under certain circumstances. Their second concern was about safety based on the danger such a new policy would pose to innocent bystanders.

The next opponent was Tom Warner. (Attachment 4) According to Mr. Warner this bill gives police officers discretion to determine if a law enforcement action will be impeded by using lights and sirens. He said this bill also provides immunity from certain traffic laws while operating without lights and sirens. Mr. Warner said he believes SSB62 is not in the interests of the public or the law enforcement community because it compromises safety and should not be passed.

The last opponent to speak was Callie Jill Denton. (Attachment 5) According to Ms. Denton they believe this legislation is premature until the Kansas Supreme Court rules in a case that deals with law enforcement officer discretion. She said this bill does not address the concerns KTLA raised in the Senate. She said current law serves law enforcement and the public well and this bill is a step in the wrong direction. Ms. Denton said KTLA rejects any proposal that undermines the remedies of innocent bystanders.

The Chairman asked if there were any other proponents, neutrals or opponents who wished to speak. There were none so after all questions were answered Chairman Proehl closed the hearing on SSB62.

ANNOUNCEMENT

Because the Committee was late leaving the House Floor and therefore late starting the Committee meeting there was not enough time to hear SB97 or do Final Action as planned. The Committee will meet on Wednesday, March 13th and hear three bills including SB97.

ADJOURNMENT

There being no further business before the Committee the meeting was adjourned.