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Minutes for SB40 - Committee on Transportation
Short Title
Removing expired warning provision for approach of an emergency vehicle traffic violation.
Minutes Content for Tue, Feb 5, 2019
The Chairperson opened the hearing on SB40.
Assistant Revisor Adam Siebers briefed the members on the bill; he said that the bill cleans up a provision of the statute that,when enacted, mandated only a warning citation be issued by a law enforcement officer for a violation for a certain period of time. Since that grace period has expired, the provision is no longer needed. Responding to a member’s question, Mr. Siebers replied that removing the word shall from the statute does not prohibit an officer from issuing a warning.
Greg Smith, Special Deputy for Legislative Affairs, Johnson County Sheriff’s Office, testified as a proponent for the bill. He explained that the language allowing only a warning citation for a violation expired on July 1, 2001; however, some judges have been interpreting the statute as if the warning mandate is still in effect. The bill removes this ambiguity. Mr. Smith responded to a member’s query that some judges still apply the mandate; others do not (Attachment 1).
The hearing on SB 40 was closed.
