SESSION OF 2019
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR SENATE
BILL NO. 62
As Recommended by Senate Committee on
Transportation

Brief*
Sub. for SB 62 would authorize violation of certain rules
of the road in the Uniform Act Regulating Traffic on Highways
by the driver of a police vehicle who has reason to believe
vehicle operation while using lights and audible signals could
impede a law enforcement action under circumstances
specified by the bill.
The bill would specify such operation would be
permissible when:
● Approaching a location to deliver law enforcement
services if the use of audible or visual signals may
cause persons involved in the incident to flee,
cause destruction of evidence, or cause injury to
any person;
● Monitoring for indications of a crime or a need for
law enforcement services;
● Engaging in surveillance of suspected criminal
activity involving a vehicle, the occupants of a
vehicle, or other persons suspected of involvement
in a crime;
● Obtaining evidence for a speed limit violation; or

____________________
*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
 ● Approaching a vehicle actually or suspected of
violating the law when the vehicle is not attempting
to evade a law enforcement officer.
When such operation can be done with a reasonable
degree of safety, the bill would authorize the following actions
that otherwise would constitute violation of certain rules of the
road:
● Proceeding past a red or traffic control signal, but
only after first coming to a stop;
● Exceeding maximum speed limits by not more than
15 miles per hour, except when obtaining evidence
for someone exceeding the speed limit or when
approaching a vehicle when the vehicle is not
attempting to evade a law enforcement officer, so
long as the driver of the police vehicle does not
endanger life or property;
● Changing direction of movement or turning in
specified directions, so long as such driver does
not endanger life or property; or
● Proceeding through toll booths without stopping to
pay tolls, but only after slowing down as necessary
for safe operation.
The bill would authorize the driver of a police vehicle to
park or stand, irrespective of other rules of the road, while
performing law enforcement duties.
The bill would state the provisions shall not relieve the
driver of an authorized emergency vehicle from the
consequences of reckless disregard for the safety of others.
The bill would authorize any law enforcement agency to
limit or prohibit application of any or all of these provisions by
written policy.

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Background
The bill was introduced by the Senate Committee on
Transportation at the request of a representative of the
Kansas Association of Chiefs of Police, the Kansas Sheriffs’
Association, and the Kansas Peace Officers Association.
At the Senate Committee hearing, a representative of
the above-named organizations provided proponent
testimony. He described similar exemptions in Kansas law
from some rules of the road when lights and sirens are
activated, stated many states have exemptions like those
proposed, and stated experts describe the proposed actions
as acceptable police practices. Written-only proponent
testimony was provided by a representative of the Kansas
Highway Patrol.
Opponent testimony was provided by a representative of
the Kansas Trial Lawyers Association (KTLA), who raised
concerns about officer discretion and the potential for an
increased number of crashes. Written-only opponent
testimony was provided by a private attorney for himself and
on behalf of the KTLA.
No neutral testimony was provided.
KSA 8-1506 provides similar but more extensive
exceptions for drivers of authorized emergency vehicles
under circumstances for which lights and audible signals are
required.
The Senate Committee amended the bill to clarify and
amend the circumstances under which such operation would
be authorized, clarify and amend the exceptions to traffic laws
that would be authorized, authorize the driver of a police
vehicle to park or stand while performing law enforcement
services rather than only during activities authorized by the
bill as introduced, and authorize any law enforcement agency
to limit or prohibit application of any or all provisions by

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written policy. The Senate Committee also recommended the
amended contents be placed into a substitute bill.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration estimates any fiscal effect on the Judicial
Branch from enactment of the bill would be negligible. The
Kansas Highway Patrol indicates enactment of the bill would
have no fiscal effect on agency operations.


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