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Minutes for HB2104 - Committee on Judiciary
Short Title
Amendments related to driving under the influence, including preliminary screening tests, implied consent advisories and test refusal.
Minutes Content for Tue, Feb 5, 2019
Proponent:
John Goodyear, League of Kansas Municipalities, testified in support of HB2104 and its' amendments to K.S.A. 8-1012 as these amendments appear to cure a constitutional defect. He explained this bill cures the constitutional issue and provides a proper road-map with a permissible path of action for local law enforcement officers to follow when making the efforts to administer a preliminary screening test of a driver’s breath or oral fluid. Additionally, the changes this bill makes to K.S.A. 8-1001 address the penalty that can be imposed when an individual refuses to submit to evidentiary tests or fails that test. Mr. Goodyear answered questions from the membership. (Attachment 6)
Gregory Benefiel, McPherson County Attorney, testified on behalf of The Kansas Judicial Council and its DUI Advisory Committee. They recommend the passage of HB2104, which would make driving under the influence (DUI) consent advisories more accurate, remove unconstitutional portions of preliminary breath test and test refusal statutes, and replace outdated terminology with the scientifically correct term. Mr. Benefiel answered questions from the membership. (Attachment 7)
Written Proponent:
Ed Klumpp, Legislative Liaison for Kansas Associations of Sheriffs, Chief of Police, & Peace Officers, provided written testimony in support of HB2104. (Attachment 8)
Christopher Mann, MADD National Board Chairman and Drunk Driving Victim, provided written testimony in support of HB2104. (Attachment 9)
There being no other conferees, Chairperson Patton closed the hearing on HB2104.
Chairperson Patton adjourned the meeting at 4:20.
