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Minutes for HB2499 - Committee on Transportation

Short Title

Prohibiting the use of a mobile telephone while operating a vehicle in a school or construction zone or by individuals less than 18 years of age.

Minutes Content for Thu, Mar 7, 2024

Chairman Petersen called the meeting to order at 8:35 a.m. and opened the hearing on HB2499.

Adam Siebers, Assistant Revisor, Office of the Revisor of Statutes, provided a brief for the bill (Attachment 1).  He explained that the bill prohibits all drivers from using a mobile telephone while driving a vehicle through a school zone or construction zone; it further prohibits all drivers younger than 18 years of age from using a mobile telephone when driving a vehicle.  He outlined the exceptions for those using a mobile device:  Law enforcement acting within the scope of employment, drivers in a vehicle safely and lawfully stationary, and individuals using a hands-free device.  Violators would be assessed a fine of $60.

Shawn Steward, Manager, Public and Government Affairs, AAA Kansas/AAA South Dakota, testified as a proponent for the bill (Attachment 2).  He said the "limited hands-free bill" is especially needed for the most inexperienced drivers and noted that one in four traffic accidents (15,000 in Kansas annually) were attributed to distracted drivers.  He illustrated two scenarios for which the bill would be applicable.  He commented that AAA Kansas has worked with a variety of stakeholders; the bill does not supersede local ordinances, but serves as a basic standard.  Mr. Steward responded to questions by saying that the bill is a minimum step in the right direction.

Ed Klumpp, Legislative Liaison, Kansas Association of Chiefs of Police, Kansas Sheriffs Association, and Kansas Peace Officers Association, provided detailed statistics regarding distracted driving to show its effects on injuries and fatalities (e.g., 57 % of all distracted driving fatalities are caused by mobile-phone viewing).  He included information regarding how passengers perceived distracted drivers.  Responding to questions, he referred members to data on the Kansas Department of Transportation (KDOT) website (Attachment 3),

Michael White, Executive Director, Kansas Contractors Association, speaking in support of the bill, said hundreds of constructions zone workers across the state will be grateful for this bill (Attachment 4).  He cited KDOT data and commented that the bill is a narrow approach for improvingthe safety of highway construction zones in Kansas. 

Joel Skelley, Director of Policy, KDOT, spoke in support of the bill (Attachment 5).  He referenced data from previous conferees and explained KDOT's work to create a safety culture for highway workers as well as assure safety for the traveling public.  He also noted KDOT policies to educate the public regarding new initiatives such as this bill.

Captain Candice Breshears, Kansas Highway Patrol, echoed the comments of other conferees that the bill is a step in the right direction (Attachment 6).  She said the bill's allowance for hands-free use of a mobile device will still enable drivers to be more focused on the road.  She recounted a story of an officer's experience with a distracted truck driver crashing into the patrol car.  She noted an unintended danger to road crews by exempting road construction sites when no worker activity appears to be present.  Responding to questions, Mr. Siebers stated that there are no increased penalties for subsequent infractions and, regardless of the device, if the infraction is hands-free there is no basis for a violation.

Nicole Allensworth, Citizen, Lawrence, recounted her personal story of texting while driving and consequently being involved in an accident that resulted in both immediate and long-term health issues and alterations of her lifestyle (Attachment 7).

The following individuals submitted proponent written-only testimony:

  • Jason Wetzel, Government Relations Manager, General Motors (Attachment 8);
  • Phyllis Larimore, Legislative Liaison, Safe Kids Kansas (Attachment 9);
  • Peter Kurdock, General Counsel, Advocates for Highway and Auto Safety (Attachment 10);
  • Jennifer Smith, President/CEO, Stop Distractions (Attachment 11);
  • Jay Nettesheim, Chapter President, Heart of American Traffic Safety Services Association (Attachment 12); and
  • Chrissy Mayer, Chief, Community-Based Services Officer, DCCA (Attachment 13).

The Chair closed the hearing on HB2499.

The Chair adjourned the meeting at 9:24 a.m.  The next meeting is scheduled for Tuesday, March 12, 2024.