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Minutes for HB2486 - Committee on Transportation
Short Title
Allowing golf carts to be driven on certain streets at night.
Minutes Content for Wed, Mar 7, 2018
Chairperson Petersen opened the hearing on the bill. Scott Wells, Revisor's Office, gave an overview. He said this bill authorizes the operation of a golf cart on any public street or highway between sunset and sunrise if the golf cart is equipped with lights as required by law for motorcycles; however, under current law, they are prohibited on any street or highway with a posted speed limit exceeding 30 miles per hour.
Senator Schmidt commented the bill would require golf carts to have lights on the same hours as vehicles, sunset to sunrise. Mr. Wells said he would have to check.
Senator Goddard asked if there was an age limit or if a driver's license is needed to operate the golf cart. Mr. Wells said he would have to check, but he thought a valid driver's license is required.
Senator Hawk asked if the golf cart must have windshield wipers. Mr. Wells said only lights are required by the bill, but operation must be approved through a municipality ordinance, which could have additional requirements.
Senator Schmidt said some time ago, there was what was referred to as the Janice Lee golf cart bill. She asked whether a slow-moving vehicle sign would be required on the golf cart. Mr. Wells said it is not required by the bill.
Senator Skubal asked whether seat belts would be required. Mr. Wells said he would look into this. Senator Skubal asked if this bill would also pertain to four-wheelers (ATVs), and Mr. Wells said that type of vehicle is addressed in another statute.
Senator Tyson asked if the city ordinance would have its own rules about driving golf carts on the streets, and the city would have requirements that apply. Mr. Wells said some cities may allow this now, but those ordinances should follow the restrictions in state law.
Senator Hilderbrand asked if maintaining insurance is addressed in the bill. Mr. Wells said the bill does not address insurance, and it was suggested Marlee Carpenter will address this later.
Chairperson Petersen said golf cards cannot operate in the cities sunset to sunrise, and the Janice Lee bill was before this committee, but it did not advance.
Representative Adam Smith gave proponent testimony (Attachment 1). He said he didn't realize the history of this bill and this is not a new issue. He said this matter was brought to him by a constituent who lives in a small rural community in western Kansas. That community had authorized golf cart usage on its city streets, but it could not allow after-sunset usage because it was prohibited by law.
He added that many of the communities in his district have a population of 1,000 or less, with some towns as small as 200-500 in population, which have low traffic. City officials know the streets and the safety concerns better than others.
He noted that municipalities now can allow golf carts to operate during daylight hours on city streets of 30 mile per hour or less, a local decision; local officials adopt local regulations as to permits, fees, insurance, and not driving on busier streets. Golf carts must have required light--head lamps and tail lamps defined by KSA 8-1801 and 49 CFR 571.108. Additionally, this is an issue for small rural towns as larger cities would have separate issues and more traffic.
Chairperson Petersen asked if Representative Smith would be opposed to requiring a slow-moving vehicle sign being affixed to the golf cart, and Representative Smith said no.
Senator Pettey said it should be up to the cities or local officials to adopt the rules. She asked how home rule would be affected. Representative Smith said state law prohibits golf carts on any streets without city authorization, and this bill would remove the restriction on a city authorizing operation at night if the golf cart had proper lighting.
Senator Hardy said SB272, driver caution around sanitation trucks, includes law that requires an amber light cautioning other vehicles there was a slow-moving vehicle on the road. A driver would have plenty of warning that there is a slow-moving vehicle if an amber light was on the golf cart.
Senator Skubal said he believes local control and maybe a registration is needed for 24 hours/7 days a week operation.
Senator Tyson suggested striking subsection (c) (restrictions on allowable operation) to allow local decisions.
Rich Pianalto, a private citizen from Atwood, Kansas, provided proponent testimony (Attachment 2). He said this matter was brought to the attention of the City of Atwood. Mr. Pianalto said Mick Moore, also present, checks people into his hotel at night, and Mr. Moore could use a golf cart to get to the hotel since he has a prosthetic leg. This is something important to small communities, said Mr. Pianalto. There are many weekend events and out-of-towners bring golf carts for transportation. He added that if local communities allow golf carts, they should be allowed on streets. If the bill passes, they cannot be driven at night without extra lights.
The statute that applies to all-terrain vehicles is 8-15,100, which requires lights if the ATV is driven at night in cities that authorize such use. This should be the same for golf carts. Most municipalities do require a slow-moving vehicle emblem or big orange flags. The City of Atwood rule is a non-restricted driver's license, and the city requires liability insurance the same as for a vehicle.
Chardae Caine, Research Associate, The League of Kansas Municipalities, gave proponent testimony (Attachment 3) and said the League supports the bill and recommends it for passage.
Senator Goddard asked if counties have authority for persons to utilize on county roads, and Eric Smith, The League of Kansas Municipalities, responded that most county roads have a speed limit higher than 30 miles per hour.
Senator Tyson said if subsection (c) was removed, lights would not be required by the state and the local cities could decide. She added that not all golf carts come with lights and asked, if the town ordinance required lights, whether that would be acceptable. Mr. Smith said he would not have any objection.
Senator Schmidt said she would not support removing subsection (c) and that a person traveling through the community would expect lights to be aware of another vehicle. She asked Ms. Caine if slow-moving vehicle signage would be suggested and if insurance is needed. Ms. Caine said some municipalities do require insurance.
Senator Hawk wondered whether golf cart laws should be consistent with those for bicycles and flashing lights should be required. Chairperson Petersen said there could be an option of flashing or reflective lights.
Senator Pettey said she was curious on how approval was established by the cities. Mr. Smith said the golf cart law is included in the Standard Traffic Ordinance and the bill would expand local control by removing restrictions in the state statute that cities cannot authorize a golf cart to operate after sunset.
Senator Goddard indicated he asked communities in his district about subsection (c), the key paragraph to authorize golf cart use at night. If state law changed to allow golf cart use at night with city ordinance, he was not sure how that would work.
Senator Tyson said she wants to be clear that locals should make the decision, not the state, about whether the operator of a golf cart must use lights or signs. No one knows the situation better than the communities, and what is good in Atwood may not be good in Topeka.
Senator Goddard said he does not disagree, but he wants to make sure for the proponents of the bill that they are not put in a box because of not allowing golf cart use between sunset and sunrise.
Senator Fitzgerald said most cities that allow golf carts require registration, proof of insurance, and a licensed driver operating. Mr. Smith said he recognizes that liability insurance is important and most cities require some form of insurance. It is a benefit to the public.
Senator Fitzgerald stated a requirement for proof of insurance would be covered in local ordinance because a golf cart is not a vehicle now for insurance purposes.
Senator Hawk asked if lights are required for operation of ATVs. Mr Wells said yes. Senator Hawk suggested consistency in the light requirements is good.
Senator Schmidt asked if some of these vehicles go faster than 30 miles per hour. Mr. Wells found the statute, and lights are required between sunset and sunrise for ATVs and work site utility vehicles.
There were no opponents to this bill.
Marlee Carpenter, Lobbyist, Kansas Association of Property and Casualty Insurance Companies, provided neutral testimony (Attachment 4). She said a rider on the general liability insurance policy is needed for every golf cart on the street, which is important, particularly if driving on the streets at night.
The hearing was closed.
