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Minutes for SB459 - Committee on Transportation
Short Title
Creating the distracted driving violation and prohibiting the use of a wireless telecommunications device while operating a motor vehicle.
Minutes Content for Wed, Mar 11, 2020
Chairperson Petersen called the meeting to order at 8:35 a.m. and opened the hearing on SB459.
Staff Adam Siebers briefed the Committee on the bill. He explained that the bill prohibits the use of a hand-held wireless communications device while operating a motor vehicle. A driver may use the device if the vehicle is stopped in a place where the vehicle can remain lawfully stationary, and the prohibition is waived when the driver is reporting illegal activity, is warning a person regarding imminent injury, or is relaying commercial information to a dispatcher. He commented that the first-time offender penalty would be a fine of $60; such a person could have the fine waived with evidence of purchase of a hands-free device or evidence of completing an approved Kansas Department of Transportation (KDOT) safety program. The bill would also repeal the texting-while-driving statute.
Senator Pettey, District 6, presented information in support of the bill (Attachment 1). She reported that only 16 states have banned cell-phone use while driving, and she cited the results of drivers distracted by using cell phones: 1.5 million crashes in 2017 and 4637 fatalities in 2018 with an economic impact of $129 billion; insurance penalties have increased by 8000% for distracted driving. Senator Pettey then recounted the story of a school-crossing guard who was killed by a distracted driver as further evidence of the need for SB459.
A member urged the Committee to implement enforcement gradually beginning with a media-education campaign. Mr. Siebers, responding to a question, replied that medical devices would be exempt from the ban.
Ed Klumpp, representing the Kansas Association of Chiefs of Police, Kansas Sheriffs Association, and the Kansas Peace Officers Association, testified as a proponent (Attachment 2). Noting that the present texting law is difficult to enforce, he stated that the bill will help focus on prevention. He referenced a chart showing KDOT's totals for distracted-driving injuries and fatalities and commented on the fear created in passengers' minds when the driver is using a hand-held device. He stated that the penalty in the bill is not considered a moving violation, and he recommended an amendment that would exempt emergency-service personnel. Responding to questions, Mr. Klumpp replied that if there is an extant state statute restricting an action, local ordinances cannot be more restrictive than the state statute. He also recommended that Committee members reference the child-restraint statutes to make sure the bill does not conflict with those provisions.
Chris Bortz, Traffic Safety Program Manager, KDOT, spoke as a proponent. He stated that KDOT supports any initiative that increases the safety of Kansas drivers; a distracted driver is four times more likely to be involved in a crash (Attachment 3).
Nicole Allensworth, a citizen living in Lawrence, Kansas, related her personal story of texting. She acknowledged being involved in a crash that seriously injured her, and the tragic consequences that involved not only her health and her future, but her negligence damaged relationships with family members (Attachment 4).
Steve Christenberry, ABATE of Kansas, explaining that he is an active member of the American Motorcycle Association and the American Legion Riders, stated that he speaks for the motorcycle community in support of the bill. He noted that distracted driving is a contributing factor in many crashes and that this bill will advance greater awareness of the perils of such behavior (Attachment 5).
Andy Fry, President, Topeka Community Cycle Project Board of Directors, testified as a proponent for the bill. He said the bill clarifies current language to promote additional safety on Kansas roads. He offered statistics to illustrate the importance of the bill (Attachment 6).
John Federico, speaking on behalf of General Motors, reinforced the written-only testimony of Jason Wetzel, Governmental Relations for General Motors, by saying that the On-Star Road Service of General Motors will not be affected by the bill.
Sandy Braden, Alliance for Automotive Innovation, offered neutral testimony (Attachment 7). She reported that the Alliance works with various entities to address the most pressing road safety concerns. She noted that the bill's language appears to include global positioning system receivers, and she recommended language that would exclude all hands-free devices.
The following individuals submitted written-only testimony as proponents for the bill:
- Colonel Herman T. Jones, Kansas Highway Patrol (Attachment 8)
- Jason Wetzel, General Motors (Attachment 9)
- Chief C. Henson, Spring Hill, Kansas, Police Department (Attachment 10)
- Molly Cocour Boyle, President, AT&T Kansas (Attachment 11)
- Cherie Sage, Safe Kids Kansas (Attachment 12)
The hearing on SB459 was closed.
The meeting was adjourned at 9:26 a.m. The next meeting is scheduled for Thursday, March 12, 2020.
