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Minutes for HB2377 - Committee on Judiciary
Short Title
Revising the laws concerning driving under the influence, including authorizing reinstatement of a driver's license for certain persons with an ignition interlock device restriction, requiring persons with an ignition interlock device restriction to complete the ignition interlock device program before driving privileges are fully reinstated, providing for reduced ignition interlock device program costs for certain persons and modifying the criminal penalties for driving a commercial motor vehicle under the influence and driving under the influence.
Minutes Content for Wed, Mar 24, 2021
Jason Thompson gave a bill brief of HB2377 stating that the bill, as amended in the House, revises the laws concerning driving under the influence, including authorizing reinstatement of a driver's license for certain persons with an ignition interlock device restriction and setting certain requirements and options for cost reduction on the ignition interlock device. This bill also modifies the criminal penalties for driving a commercial motor vehicle under the influence and for driving under the influence. (Attachment 5)
Adam Proffitt submitted a fiscal note for HB2377. (Attachment 6)
Scott Schultz submitted a prison beds impact statement for HB2377. (Attachment 7)
Proponent, Oral
Aaron Brietenbach and Jay Norton spoke in support of HB2377 stating that the bill has been developed by the DUI Advisory Committee of the Kansas Judicial Council. There are some corrections that need to be added as amendments to the bill, but it effectively addresses the need to upgrade Kansas driving under the influence laws by establishing equitable penalties and other adjustments. There are two different penalties for driving under the influence. There is a criminal piece where a person can be charged for driving under the influence. There is also an administrative side where failure to pass the evidentiary breath test causes the driver's license to be suspended. The goal of the bill is to get more people to take part in the program and to stop them from dropping out of the system entirely and continuing to drive without a license. (Attachment 8)
Debra Coffey spoke in support of HB2377 saying that the Coalition of Ignition Interlock Manufacturers sees the Kansas bill as a model for best practices for ignition interlock programs. She said that the indigent program in the bill is necessary, but the bill has been patterned on Californian legislation where the cost of living is much higher than in Kansas. She proposed a different fee schedule that was more appropriate for the Kansas economy. (Attachment 9) (Attachment 10) (Attachment 11) (Attachment 12)
There was discussion.
There was no Neutral testimony.
Joel Skelley spoke in opposition to HB2377 stating that one set of changes in the bill makes it out of compliance with federal regulations for repeat DUI offender penalties. The bill strikes language in three locations of existing state law for felony offenses removing a minimum sentence required by federal regulations. Falling out of compliance will move about $8.6 million annually out of the Kansas federally funded core diverse infrastructure program and move it into a more restrictive pot of funding. The Kansas Department of Transportation supports making an amendment to restore compliance. (Attachment 13)
There was discussion.
The hearing was closed.
