SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 426
As Amended by Senate Committee on
Transportation

Brief*
SB 426, as amended, would increase penalties for
drivers who fail, upon approaching a stationary authorized
emergency vehicle displaying flashing lights, to proceed with
due caution and to move into another lane away from the
emergency vehicle or to slow the driver’s vehicle (move-over
law), in the Uniform Act Regulating Traffic on Highways.
The bill would increase the fine for this traffic infraction
from $195 to $400.
However, if the stationary emergency vehicle is a fire
department vehicle, police bicycle, police vehicle, or an
ambulance and:
● Violation of the move-over law results in injury or
great bodily harm to any person serving as a law
enforcement officer, an emergency medical service
provider, or a firefighter, violation would be a
severity level 6, person felony, and the bill would
require the court to impose a fine of not less than
$1,000; or
● Violation of the move-over law results in death to
any person serving as a law enforcement officer,
an emergency medical service provider, or a
firefighter, violation would be a severity level 4,
person felony, and the bill would require the court
to impose a fine of not less than $7,500.
____________________
*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
 The bill would make conforming amendments to
additional statutes to clarify applicable penalties. [Note: The
bill would not increase the fine of $195 or impose an
additional penalty for failing to yield the right of way and stop
on the right of the roadway upon approach of an authorized
emergency vehicle using an audible signal.]

Background
The bill was introduced by the Senate Committee on
Transportation at the request of Senator Kloos.

Senate Committee on Transportation
In the Senate Committee hearing, a representative of
the Kansas Association of Chiefs of Police, the Kansas Peace
Officers Association, and the Kansas Sheriffs Association
provided proponent testimony, stating working along the
highway is one of the most common ways by which an
emergency responder is injured or killed and such crashes
are completely preventable. Written-only proponent testimony
was provided by a representative of the League of Kansas
Municipalities.
No other testimony was provided.
The Senate Committee amended the bill to replace two
duplicate references to “law enforcement officer” with
“firefighter.”

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Office of Judicial
Administration (OJA) indicates enactment of the bill could
have a fiscal impact on Judicial Branch operations but that
effect cannot be estimated until the courts have had an
opportunity to operate under the bill’s provisions. The bill’s
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enactment would increase criminal penalties, so there would
be less supervision performed by court service officers and a
decrease in supervision fee revenues, which would have
been credited to the State General Fund. OJA also states
enactment could increase fine revenues, which would be
credited to other funds.
The Kansas Department of Transportation (KDOT) notes
the agency’s Traffic Records Enhancement Fund receives
2.23 percent of all district court fines, penalties, and
forfeitures, and the agency’s Seat Belt Safety Fund receives
2.20 percent. KDOT estimates enactment of the bill could
increase the fines collected, but the agency does not have
enough information to estimate how many citations would be
issued.
The Kansas Sentencing Commission estimates
enactment of the bill could increase prison admissions and
the number of beds needed, but a precise effect cannot be
determined at this time. The Department of Corrections states
any effect would be absorbed within existing resources. The
Department of Revenue states enactment of the bill would not
have a fiscal effect on agency operations.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2025 Governor’s Budget Report.
The League of Kansas Municipalities states enactment
of the bill would not have a fiscal effect on cities.
Move-over law; law enforcement; emergency vehicle; firefighter; emergency medical
provider; crime; fine


3- 426


Statutes affected:
As introduced: 8-1530, 8-2116, 8-2118, 8-1556
As Amended by Senate Committee: 8-1530, 8-2116, 8-2118, 8-1556