House Status:
Senate Status:
Senate Status:
Minutes for HB2025 - Committee on Federal and State Affairs
Short Title
Protecting private property from unauthorized access by certain government officials and unauthorized surveillance.
Minutes Content for Thu, Feb 4, 2021
Chairperson Barker opened the hearing on HB2025. Mike Heim, Revisor of Statutes, provided an overview on the bill. Questions were asked by Representatives Highberger and Resman.
Chairperson Barker recognized Representative Ken Corbet as a proponent on HB2025 (Attachment 1). Representative Corbet stated that property owners should have the right to know who is trespassing on their property, and this bill will ensure that right is protected. Questions were asked by Representatives Barker, Penn, Howe, Smith, Poetter, Ruiz, and Houser.
Senator Tyson testified as a proponent on HB2025 (Attachment 2). The senator testified that this bill will help protect property owners' rights.
The Chair recognized Samuel MacRoberts as a proponent on the bill (Attachment 3). He stated that HB2025 attempts to restore a person's protections against warrantless intrusions by government officials. Questions were asked by Representatives Highberger, Houser, Howe, Hoye, and Miller.
Chairperson Barker stated that there is written proponent testimony from John Donley, Kansas Farm Bureau (Attachment 4) and Kendall Seal, ACLU of Kansas (Attachment 5).
Chairperson Barker recognized Greg Kyser as an opponent to HB2025 (Attachment 6). It is the position of the Kansas Department of Wildlife, Parks and Tourism that this bill will likely result in significant impacts to the operations of the Department, as well as jeopardize officer safety. The bill could potentially inhibit Department law enforcement officers from aiding and assisting other state law enforcement agencies enforce non-wildlife crimes. It also weakens the North American Model of Conservation by taking away the ability to enforce the provisions of conservation law. Questions were asked by Representatives Highberger, Arnberger, and Miller.
Alan Hollinger testified as an opponent to HB2025 (Attachment 7). He stated that requiring a warrant for county weed directors to conduct their annual inspections is an unreasonable burden not only to the county weed director, but also to the county attorney and magistrate judge. Questions were asked by Chairperson Barker and Representatives Highberger, Howe, and Miller.
Chairperson Barker recognized John Goodyear as an opponent to the bill (Attachment 8). He stated that Section 2 of HB2025 limits the ability of all law enforcement agencies to enter into agreements with owners or operators of utility poles to install tracking devices to surveil and monitor private properties. A questions was asked by Representative Poetter.
Sheriff Jeff Easter testified as an opponent to HB2025 (Attachment 9). He stated that Section 2 of the bill prohibits law enforcement to enter into an agreement, whether informal or formal, with an owner or operator of a utility pole to install or have installed a tracking device to conduct surveillance on private property, unless they have a warrant. The Kansas Sheriff's Association believes HB2025 is vague and confusing. Questions were asked by Representatives Miller, Smith, and Arnberger.
The Chair recognized Chief Darrell Atteberry as an opponent to HB2025 (Attachment 10). The Association of Chiefs of Police is opposed to this bill and believes it places an unnecessary impediment in the path of law enforcement to detect suspected criminal activity and to make arrests. It is bad for law enforcement, bad for property owners and bad for Kansans.
Paul Schliffke testified as an opponent to HB2025 on behalf of the Kansas Peace Officers' Association (Attachment 11). The association's position is that this bill would be a detriment to the Kansas Department of Wildlife, Parks and Tourism (KDWPT) and other law enforcement officers at the federal, state, and local levels to perform their daily duties and lessen their ability to serve the public.
Chairperson Barker directed the Committee's attention to the written opponent testimony of Robert Jacobs, KBI (Attachment 12); Mik Shanks, Kansas State Lodge Fraternal Order of Police (Attachment 13); and Dawn Layman, Chief of Police, Lenexa, KS (Attachment 14).
Chairperson Barker recognized Aaron Popelka as a neutral on HB2025 (Attachment 15).
Chairperson Barker recognized Jay Hall as a neutral on the bill (Attachment 16). The Kansas Association of Counties would support an amendment removing the weed directors from this legislation.
Chairperson Barker noted that there was written neutral testimony on HB2025 from Kenneth Titus, Kansas Department of Agriculture (Attachment 17).
Chairperson Barker closed the hearing on HB2025.
Chairperson Barker asked if there were any requests for bill introductions. There were none.
The meeting was adjourned at 10:22 a.m.
