SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 332
As Amended by Senate Committee on
Transportation

Brief*
SB 332, as amended, would prohibit the use of hand-
held mobile telephones for drivers in construction zones when
workers are present or in school zones at times when an
established reduced speed limit is enforced, and any use by
drivers under 18 years of age.
The provisions of the bill would not apply to three
circumstances:
● Law enforcement or emergency service personnel
acting within the scope of employment;
● A person operating a motor vehicle while such
vehicle is lawfully parked; or
● A mobile telephone is used with a hands-free
device.
The bill would provide four exceptions for mobile
telephone usage while driving:
● Reporting ongoing illegal activity to law
enforcement;
● Preventing imminent injury to a person or property;
● Summoning medical or other emergency
assistance; 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
 ● Relaying information between a transit or for-hire
operator and the operator’s dispatcher if the device
is permanently affixed to the motor vehicle.
The bill would deem holding a mobile telephone to
constitute prima facie evidence of a violation if the vehicle
operator is younger than 18 or using the telephone in a
school zone during times when an established reduced speed
limit is enforced or road construction zone with workers
present.
The bill would define “hands-free device” as a
speakerphone capability or a telephone attachment or other
piece of equipment, regardless of whether the hands-free
device is permanently installed in the motor vehicle, that
allows use of the mobile telephone without use of either of the
operator’s hands.
The bill would exempt commercial two-way radio
devices or equivalents, subscription-based emergency
communication devices, prescribed medical devices, amateur
or ham radio devices, and remote diagnostic systems from
the definition of mobile telephone.
The bill would require a law enforcement officer to issue
a warning citation for a violation until January 1, 2023.
The bill would add these provisions to the Uniform Act
Regulating Traffic on Highways.
The bill would establish a fine of $60 in the uniform fine
schedule for unlawful use of a mobile telephone.


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Background
The bill was introduced by the Senate Committee on
Transportation at the request of a representative of AAA
Kansas. [Note: The bill as introduced contains the provisions
of 2021 SB 25 as amended by the Senate Committee on
Transportation.]

Senate Committee on Transportation
In the Senate Committee hearing, representatives of
AAA Kansas, the Association of Chiefs of Police, General
Motors, Kansas Contractors Association, Kansas Emergency
Nurses Association, Kansas Peace Officers Association,
Kansas Sheriffs Association, Safe Kids Kansas,
stopdistractions.org, and Trauma Services at Stormont Vail
Health, as well as a private citizen, provided proponent
testimony.
The proponents provided information on similar bills in
other states, to include Oklahoma, Nebraska, Arkansas, and
Texas; noted the bill would not supersede more stringent local
laws; and provided data on the numbers of crashes and
fatalities that involve distracting driving. The proponents also
provided data from other states that have implemented
similar laws showing increased public support and decreased
distracted driving incidents.
Written-only proponent testimony was provided by
representatives of the American Traffic Safety Services
Association, Kansas Department of Transportation (KDOT)
and State Farm Insurance Companies
No other testimony was provided.
The Senate Committee amended the bill to specify that
mobile telephone usage would be prohibited in construction
zones only while construction workers are present.

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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, KDOT and the Office of
Judicial Administration indicate they were unable to estimate
any fiscal effects of fines for the traffic infraction that would be
created by the bill or, for the Office of Judicial Administration,
additional costs associated with a possible increase in the
number of cases. KDOT notes its Traffic Records
Enhancement Fund receives 2.23 percent of all district court
fines, penalties, and forfeitures, and its Seat Belt Safety Fund
receives 2.20 percent. Any fiscal effect is not reflected in The
FY 2023 Governor’s Budget Report.
Hands-free; mobile telephone; school zone; construction zone


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