SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2499
As Amended by Senate Committee on
Transportation

Brief*
HB 2499, as amended, would prohibit the use of a
mobile telephone while driving by drivers under the age of 18
and for all drivers while driving in construction zones with
workers present or in school zones during hours of reduced
speed enforcement. The prohibitions would be added to the
Uniform Act Regulating Traffic on Highways.
The bill would specify holding a mobile telephone when
not permitted under the bill would constitute prima facie
evidence of a violation.
The bill would add a $60 fine for violation of these
provisions to the uniform fine schedule for traffic infraction
violations.
The prohibition would not apply in the following
circumstances:
● Activities within the scope of employment of law
enforcement or emergency service personnel;
● When the vehicle is safely and lawfully stopped;
● When using a mobile telephone with a hands-free
device, as defined by the bill; or
● When using a mobile telephone to do any of the
following:
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ○ Report illegal activity to law enforcement;
○ Prevent imminent injury to a person or
property;
○ Summon medical or emergency assistance;
or
○ Relay information to dispatch by a transit or
for-hire operator, if the device is permanently
affixed to the vehicle.
The bill would exclude the following from the definition of
“mobile telephone”:
● Commercial two-way radios or their equivalents;
● Subscription-based emergency communications
devices;
● Prescribed medical devices;
● Amateur or ham radio devices; and
● Remote diagnostics systems.
The bill would require law enforcement officers to issue
a warning citation for violations of unlawful use of a mobile
telephone occurring prior to July 1, 2025.
[Note: Continuing law prohibits use of a wireless
communication device while driving for any holder of a farm
permit (KSA 8-296) or a restricted license (KSA 8-2,101) and,
for all drivers, text messaging while driving (KSA 8-15,111),
with exceptions generally similar to those in this bill.]
The bill would be effective upon publication in the
Kansas Register.


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Background
The bill was introduced by the House Committee on
Transportation at the request of a representative of AAA
Kansas.

House Committee on Transportation
In the House Committee hearing on January 23, 2024,
proponent testimony was provided by representatives of
AAA Kansas, Kansas Contractors Association (KCA), Kansas
Highway Patrol (KHP), and StopDistractions.org. The
proponents generally stated the bill would make Kansas
roads safer by reducing crashes, deaths, and injuries caused
by inattentive driving.
Written-only proponent testimony was provided by
representatives of DCCCA; General Motors; Heart of America
Chapter of the American Traffic Safety Services Association
(HOA-ATSSA); Kansas Association of Chiefs of Police, the
Kansas Sheriffs Association, and Kansas Peace Officers
Association; Safe Kids Kansas; and the Kansas Department
of Transportation (KDOT).
No other testimony was provided.

Senate Committee on Transportation
In the Senate Committee hearing on March 7, 2024,
proponent testimony was provided by one private citizen,
and representatives of AAA Kansas; Kansas Association of
Chiefs of Police, Kansas Peace Officers Association, and
Kansas Sheriffs Association; KCA; KDOT; and KHP. The
proponents stated the provisions and penalties of the bill
would provide greater safety for Kansas drivers and
construction workers by reducing crashes, deaths, and
injuries caused by using a mobile telephone in the
circumstances provided in the bill.

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 Written-only proponent testimony was provided by
representatives of Advocates for Highway and Auto Safety,
DCCCA, General Motors, HOA-ATSSA, Safe Kids Kansas,
and StopDistractions.org.
No other testimony was provided.
The Senate Committee amended the bill to become
effective upon publication in the Kansas Register.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration and KDOT indicate, due to the adjudication of
violations under the proposed law, the bill could increase
Judicial Branch expenditures and State General Fund
revenues by an indeterminate amount.
The KHP indicated enactment of the bill would have no
fiscal effect on the agency, and the Kansas Association of
Counties indicated enactment would have no fiscal effect on
counties unless the number of violations substantially
increases fines or court costs.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2025 Governor’s Budget Report.
Mobile telephones; traffic safety; traffic regulation; uniform traffic fine schedule


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Statutes affected:
As introduced: 8-2118, 8-1556
As Amended by Senate Committee: 8-2118, 8-1556