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Minutes for SB441 - Committee on Transportation
Short Title
Creating the negligent driving traffic violation.
Minutes Content for Tue, Mar 13, 2018
Chairperson Petersen opened the hearing on the bill. Mr. Wells explained this bill creates a new traffic infraction for negligent driving, that is, operating a vehicle in such a manner to indicate a careless or heedless disregard for the right or the safety of others, or inattentively in such a manner as to endanger any person or property. Senator Hawk asked if this was the same as SB274-Creating the negligent driving traffic violation. Chairperson Petersen said this bill had the same language as SB274 as amended by this Committee, which was not worked by the Senate and died at turnaround.
Bill Lucero, Lobbyist, Kaw Valley Bicycle Club, gave proponent testimony (Attachment 7). He said 11 pieces of testimony were provided in support of the previous bill. The Hutchinson, Kansas ordinance language, which was upheld by the Kansas Court of Appeals, was amended into the previous bill. He said on a bike ride today to Meriden, Kansas, he and 10 other cyclists will be passed by 60 to 100 vehicles but will see only one or two law enforcement vehicles. Two out of five of the passing vehicles will be within the three-foot margin as they pass by. It won't be intentional, but because of distractions the drivers will not be paying close attention.
Mr. Lucero said it appears the same issue exists with the bill discussed previously today. People are inattentive as school buses are approached and passed. He added this is a serious problem in Kansas and needs to be addressed. The state and counties need to have a method to hold drivers accountable.
Senator Hawk asked if it is anticipated that more citizens arrests might be made for offenses that officers would not see. Mr Lucero said one cyclist has a mounted camera on his bicycle and can identify vehicles that pass. He said it is not usable as evidence. Legislation needs to be passed that negligent driving is not acceptable in the state.
Mr. Klumpp said the information from the videos would be used to determine who was driving. If this is possible, the video would be strong evidence in court.
Mr. Klumpp provided proponent testimony (Attachment 8).
Senator Pettey asked about using the Hutchinson language that was upheld in court, and Mr. Klumpp said he believes that language is good because it has been tested in court.
Written-only proponent testimony was furnished by Greg Smith, Special Deputy for Government Affairs, Johnson County Sheriff's Office (Attachment 9).
There was no opponent or neutral testimony.
The hearing was closed.
