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Minutes for SB297 - Committee on Judiciary

Short Title

Revising the notice provided to a driver before conducting tests to determine the presence of alcohol or drugs.

Minutes Content for Mon, Feb 12, 2018

Chairman Wilborn opened the hearing on SB297 - Revising the notice provided to a driver before conducting tests to determine the presence of alcohol or drugs.  Jason Thompson briefed the committee on the bill and answered questions from committee members. (Attachment 1)

John Schultz spoke in favor of SB297 and explained the Department of Revenue proposed this bill in an effort to align the statutes with a recent Kansas Supreme Court ruling.  Mr. Schultz answered questions from the committee. (Attachment 2)

Aaron Breitenbach stated his opposition to the manner in which SB297 seeks to clarify the issues; he believes the bill goes a step too far and will embolden people to refuse testing. (Attachment 3)

Ann Henderson opposed SB297 citing implied consent language in the bill which has been found to be both unconstitutional and impractical.  She believes the bill creates rights and protections that are not required by our constitution or by recent rulings of the U.S. Supreme Court. (Attachment 4)

Opponent conferees answered questions from committee members.

The Chairman noted written testimony opposing SB297 submitted by Gregory Benefiel, McPherson County Attorney. (Attachment 5)

Amanda Stanley spoke on SB297 from a neutral stance stating her organization supports fixing the statute but is not sure this bill is the best way to do it. (Attachment 6)

Chairman Wilborn closed the hearing on SB297