SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 142
As Amended by House Committee on
Transportation

Brief*
SB 142, as amended, would extend the “move over” law
to stopped vehicles displaying hazard warnings and would
prohibit the use of a mobile telephone while driving in certain
circumstances. These provisions would be added to the
Uniform Act Regulating Traffic on Highways.

“Move Over” Requirements
The bill would require the driver of a vehicle approaching
a stopped vehicle displaying hazard warning signal lamps,
road flares, or caution signals to proceed with caution and
change lanes away from the stopped vehicle if it is possible
and safe to do so.
The bill would add a fine of $75 for unlawful passing of a
stationary vehicle to the uniform fine schedule for traffic
infractions.

Driver Use of a Mobile Telephone
The bill 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.

____________________
*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 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:
○ 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;
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 ● 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.]

Background
SB 142 was introduced by the Senate Committee on
Transportation at the request of a representative of AAA
Kansas. As amended by the House Committee on
Transportation, the bill also includes provisions of HB 2499,
as passed by the House.

SB 142 (“Move Over” Requirements)

Senate Committee on Transportation
In the Senate Committee hearing, representatives from
AAA Kansas, Kansas Department of Transportation (KDOT),
and Kansas Highway Patrol (KHP) provided proponent
testimony. The proponents stated the bill would require
approaching motorists to move over for all stopped vehicles,
as required in current law for stopped emergency, waste
collection, and utility or telecommunications vehicles. This
would add to the safety of motorists stopped on the side of
the highway.
Written-only proponent testimony was provided by
representatives of Safe Kids Kansas and the Kansas
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Association of Chiefs of Policy, Kansas Peace Officers
Association, and Kansas Sheriffs Association.
No other testimony was provided.
House Committee on Transportation
In the House Committee hearing, proponent testimony
was provided by representatives of AAA Kansas, KDOT, and
KHP. The proponents provided statistics and examples of
how proceeding with caution around all stopped vehicles
would increase safety on the highway.
Written-only proponent testimony was provided by
representatives of Safe Kids Kansas and the Kansas
Association of Chiefs of Police, the Kansas Peace Officers
Association, and the Kansas Sheriffs Association.
No other testimony was provided.
The House Committee amended the bill to add the
contents of HB 2499.

HB 2499 (Driver Use of a Mobile Telephone)
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, proponent testimony
was provided by representatives of AAA Kansas, Kansas
Contractors Association (KCA), 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.

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 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 KDOT.
No other testimony was provided.
Senate Committee on Transportation
In the Senate Committee hearing, 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.
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. [Note: This
amendment is not included in SB 142, as amended by the
House Committee on Transportation.]

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 142, as introduced, the Office of Judicial
Administration indicates the bill could increase the number of
cases filed in district courts because it creates a new traffic
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violation, but an accurate estimate on the fiscal effect of the
expenditures by the Judicial Branch cannot be given until the
courts operate under the bill’s proposed changes. The bill
could result in the collection of docket fees and fines, which
would be deposited into the State General Fund.
The KHP indicates the bill would have negligible fiscal
effect on expenditures. The Kansas Department of Revenue
indicates the bill would have no fiscal effect on the agency.
Any fiscal impact associated with enactment of the bill is
not reflected in The FY 2024 Governors’ Budget Report.

HB 2499 (Driver Use of a Mobile Telephone)
According to the fiscal note prepared by the Division of
the Budget on HB 2499, 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 indicates enactment of the bill would have no
fiscal effect on the agency, and the Kansas Association of
Counties indicates 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 HB 2499
is not reflected in The FY 2025 Governor’s Budget Report.
Transportation; highway; move over; fines; 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 House Committee: 8-2118, 8-1556