Kansas: Cell phone laws, legislation
Last updated: June 8, 2011 · Print this report · Comment
Cell phone, texting news: Kansas’ ban on text messaging while driving took effect Jan. 1, 2011.
The city of Manhattan voted to retain its ban on handheld cell phones. Two commissioners wanted to bring the city into alignment with state laws, which permit cell phone use by adult drivers. The June 7, 2011, vote against the repeal was 3-2. The mayor and the county police department both opposed the plan to drop the cell phone ban.
In 2009, Kansas approved its first restrictions on cell phone use while driving (below). No cell phone legislation advanced in the 2010 or 2011 sessions. The Legislature returns Jan. 9, 2012.
Current prohibitions:
- Drivers with restricted licenses banned from using wireless communications devices.
- Text messaging outlawed for all drivers. Fine $60.
2010 legislation:
Senate Bill 300: Would ban text messaging while driving. (Originally only a vanity license plate measure.) Amended and approved by the Senate on May 10 and sent to the governor, who signed it into law on May 24. Latest action: This texting law took effect Jan. 1, 2011.
Senate Bill 351: Would outlaw texting for all drivers in Kansas. Fine $100. Approved by the Senate Judiciary Committee on Feb. 16 and then by the full Senate on Feb. 19. (Emler/Committee on Ways and Means)
House Bill 2439: Would prohibit text messaging and related activities for Kansas drivers. $100 fine. (Sponsored by the Transportation Committee)
House Bill 2441 Seeks to ban text messaging and emailing by all drivers. (Appears identical to SB 351, above) (Committee on Appropriations)
2010 legislation notes
The Senate approved SB 300 in the late hours of the legislature’s final day. The ban on sending and receiving text messages while driving was added to a bill that originally made changes to Kansas’ vanity license plate operation.
During the full Senate debate on the anti-texting bill SB 351, an opponent called the plan “popular, but dumb.” Sen. Jay Emler, R-Lindsborg, who drafted the measure, replied: “I don’t give a rat’s rear about being popular. It was drafted to save lives.” The Senate’s vote of Feb. 19 was 34-6.
No one spoke against HB 2439 in its Transportation Committee hearing on Jan. 19. The Highway Patrol and the Peace Officers Association both spoke in favor of the text messaging ban for all Kansas drivers.
2009 legislation
HB 2143: Would ban holders of learner’s permits from using wireless communications devices while driving (part of larger bill addressing young driver safety). Signed into law by the Kansas governor in late March. Took effect Jan. 1, 2010.
HB 2132: Would prohibit the sending, writing or reading of text messages while driving.
Kansas cell phone/texting legislation notes:
HB 2143 (substitute), the teenage driving legislation, was approved by the Kansas Senate and House, and then signed by Gov. Kathleen Sebelius in late March. The cell phone ban was one of several new restrictions on young drivers in the legislation. The teen cell phone ban went into effect Jan. 1, 2010. This is the first move by Kansas to restrict cell phone use by drivers.
The Topeka Capital-Journal endorsed the proposed text messaging ban HB 2132, saying, “One aspect of the bill we particularly like is that it treats minors and adults equally, unlike some other attempts to regulate the use of cell phones while driving.” The proposed fine for unlawful texting would be $60.
In Kansas, cell phone-related accidents killed seven people and injured 161 in 2007, according to the state Department of Transportation.
A Kansas University professor reports that 72 percent of the 321 KU students surveyed said they texted while driving.
Lawrence, Kan., received national attention in 2006 for a proposed ban on use of cell phones by drivers. The plan died in committee.
Recent cell phone/texting legislation
HB 2706: Would have required that “no person while driving a motor vehicle shall be so distracted as to interfere with the safe operation of such motor vehicle. Activities include using personal communication technologies.” Last seen in committee.
HB 2705: Would have prohibited text messaging while driving. Last seen in committee.
HB 2118 would have required hands-free devices for drivers (2007). Died in committee in May 2008.
Are there any restictions, ordinances, laws regarding the use of cell phones while driving in the Topeka City limits or in the Swawnee County by a legal adult licensed driver?…Thank for any information
Why not ban ALL cell phone usage while driving? I’ve been run off the road and had vehicles make a dangerous turn in front of me enough times on my motorcycle to know that cell phones are a definite distraction. And most of them have been so called “adults”. Even Oprah says so! But our state legislators don’t seem to get it. There is really no difference between texting and dialing a phone number. It takes your eyes off the road. I don’t even answer my phone if it rings while on the road. I guarantee you, if you hit me while you’re dialing & driving, you better hope you kill me. Because if I can still walk I’m going to get up and knock the snot out of you!
I’m curious in regards to how Kansas penalizes drivers that cause accidents due to texting or cell phone use period! As stated this is as dangerous as someone with .08 or more BAC..people are subjected to breathalizers if suspicion of alcohol is present and are penalized severely for their actions yet millions of Kansans use cell phones while driving and I myself have seen drivers on phones not attentively driving in fact driving more careless than drunk drivers! What will Kansas think if every time they are stopped for careless acts or even a wide turn… driving their cell phones are invaded by police! Which they should be! My thought are that cell phone use while driving should be penalized in the same manner as drunk drivers..maybe worse..these people are in their right minds while chosing to be distracted!