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Minutes for SB272 - Committee on Transportation
Short Title
Unlawful passing of a waste collector.
Minutes Content for Thu, Jan 25, 2018
Chairperson Petersen opened the hearing on this bill. Scott Wells, Office of the Revisor of Statutes, gave an overview. This bill adds waste collectors to the same list as vehicles stopped for road construction and their workers--for other drivers to yield the right of way while the vehicle is stopped. Chairperson Petersen said a similar bill a year or so ago included heavy fines. Mr. Wells said the fine is the same, $105, as the bill proposed in 2015.
Richard Grochowski, Safety Director for Waste Management of Kansas, provided proponent testimony (Attachment 1). He said based on 2016 data from the U.S. Bureau of Labor and Statistics, solid waste collection is the fifth deadliest job in the U.S. Many trucks are out early in the morning when people are rushing to get to work or school. For the five-state area that he represents, approximately 25% of the accidents were the result of other motorists hitting or side-swiping the stopped waste collector truck. Drivers wear high visibility vests and the collection vehicles have flashing strobe lights and reflective tape, and some have yellow paint on the rear of the truck. All of this is an effort to get motorists to slow down as they approach waste collection vehicles.
Charles Sedlock, Director, Hamm, Inc., gave proponent testimony (Attachment 2). He serves as Chairman of the Kansas Chapter of the National Waste and Recycling Association. With him were two waste truck drivers, Wayne Haverkamp and Robert Wilkerson, who move materials in a safe and environmentally responsible manner and who were wearing their work jackets with bright reflective tape. Mr. Sedlock said KDOT did have a couple of concerns and representatives of the industry are working with KDOT to resolve those.
Proponent testimony (Attachment 3) was given by Pete Ritchey, Sales Manager, Inland Waste Solutions/Bobcat. He noted drivers of collection vehicles help to keep cities and counties clean while every day putting themselves at risk of impatient and inattentive drivers. Mr. Ritchey rode as a passenger in the collection truck and experienced the risks firsthand. He added that passing this bill, associated with the slogan, "Slow Down to Get Around," will help provide additional safety for these workers.
Randy Welton, owner, Honey Creek Disposal Service, Leavenworth, gave testimony in support of the bill (Attachment 4). He said while the collection vehicles are out on the road, for added safety of the drivers, other motorists need to slow down, check for on-coming traffic, and stay off electronic devices, particularly in the early morning hours. This will help drivers to have a better chance of going home to their families at the end of the day.
Hank Potts gave testimony on behalf of Jeff Kintzle, Republic Services, in support of the bill (Attachment 5). Mr. Potts is Municipal Service Manager for Republic Services. Trucks are a magnet for young children observing their operation. When accidents happen the victims are also the drivers of the car and the kids by the street. His company takes safety very seriously by providing continuing education and making sure their drivers have every tool possible to have a safe day.
Eric Smith, Deputy General Counsel, League of Kansas Municipalities, gave supporting testimony (Attachment 6). The League stands in support of the bill as several member cities either have their own trash service or contract with companies. Safety is important. Mr. Smith was the Risk Manager for the City of Topeka for ten years and administered workers compensation for Shawnee County, and he can substantiate that the occupation is dangerous even without considering the traffic risk. Mr. Smith said this would be added to LKM's Standard Traffic Ordinance for cities if it becomes law.
Written only proponent testimony was provided by:
Kyle Kukuk, Blackstone Environmental, Inc., Overland Park (Attachment 7)
John Hawk, General Manager, McPherson Area Solid Waste Utility (Attachment 8)
Shawn Ball, President, SM Ball Waste Disposal, Inc., Perry (Attachment 9)
Kathy Richardson, President, Kansas Sunflower Chapter - Solid Waste Association of North America (Attachment 10)
Opponent testimony was submitted by the Kansas Department of Transportation (KDOT) (Attachment 11). Chairperson Petersen asked Joel Skelley, KDOT, to provide comment. Mr. Skelley said he believes strongly in the intent of the bill no matter who is doing work on the roadway. There were some concerns about the language of the bill regarding the definition of a waste collector. KDOT will work with the Revisor's Office and the waste collection companies to amend the bill.
The presenters stood for questions.
Senator Schmidt asked if a person could get multiple warnings for violation. Mr. Wells noted the bill as introduced does not have a warning, but rather a violation carries a $105 fine.
Senator Hardy asked Mr. Grochowski about an automated system for the waster collection trucks that does not require workers. The response was some are automated but, in some instances, the driver still needs to get out of the truck.
Senator Hawk noted school buses have the automatic stop sign that pops out and asked whether the industry has thought about this for the waste vehicles and whether there is a yield sign on the back or front of the truck. Mr. Grochowski said there are signs that say this vehicle makes frequent stops. Senator Hawk said UPS and FedEx trucks also make frequent stops. Mr. Grochowski said the difference is that waste collection vehicles sometimes stop at every house.
Senator Hilderbrand asked where in the bill is the $105 fine. Mr. Wells said it is contained in KSA 8-2118 as a violation of KSA 8-1531; the statute to be amended by this bill KSA 8-2118 lists violations by statute number and the associated fines.
Senator Goddard said the intent is similar to slowing drivers for emergency vehicles that stop along the road. There are signs that caution a driver to slow down for emergency vehicles. What is being sought is the same common courtesy as for police, etc. Gavin Kreidler representing the National Waste and Recycling Association, said the industry would be willing to start off with a warning. Chairperson Petersen said the bill applying to construction zones had had a warning period before the fine began in order to educate drivers. He asked Mr. Kreidler if the association would be willing to develop a media campaign and Mr. Kreidler said they would seek to educate the public. Senator Schmidt says KDOT does public service announcement that is free, and maybe KDOT could help.
Senator Hawk said he likes the idea of a period of time before a warning becomes a fine. He wondered about the appropriate amount of the fine and suggested reducing it for a stopped vehicle that has no pop-out sign.
There was no other testimony.
The hearing was closed.
