I hope you all had a great Memorial Day weekend, around El Dorado and the surrounding communities we were blessed with terrific weather and I cannot remember the cemeteries looking so good. There were several ceremonies honoring our deceased veterans and family members. The country does need to pause and remember our military members and those loved ones that have passed; it is a reality check that should make us all appreciate our friends and family.
As summer begins the legislature is almost closed for the 2009 year. The last official day for this session is June 4th at 10:00 a.m. Although mostly ceremonial official business can be conducted such as there could be attempts to override a previously vetoed bill, however this requires 84 present and this one day may not be attractive enough for the legislators that live in the far reaches to make the trip back
I have received quite a few calls on the new law about “lingering” in the left driving lane and the requirement to drive in the right lane on an interstate while outside a city limit. The problem was when a driver used the far left lane and was driving under or well below the posted speed limit. This caused other drivers to pass on the right side, which is considered a safety hazard.
15 years ago this issue was brought up and since that time many attempts have been made to resurrect the interest to get this signed into law. SB 145 was introduced last year by Senate President Steve Morris and received little attention. This year the KHP put their support behind it and after several hearings in both chambers the proposed legislation was rolled into House Substitute for SB 145, which became HB 2152.
As normally happens this measure was included into other proposed legislation that included highway travel restrictions on golf carts, job site vehicles (MUTS), ATV’s and included exclusions for Implements of Husbandry (tractors, manure spreaders, combines, etc.).
The final action in the Senate passed 40-0 and the House passed 102-22. The measure was approved and signed by the Governor on April 23, 2009. This is going to require a judgment call from law enforcement and should you encounter this situation you should do whatever is required for safe travel.
If you are the one that likes to travel in the left lane be aware that you must move over if a car approaches from behind and wants to go around you. This is not required in metropolitan areas, only outside the city limits and on 4-lane roads. While we are on this topic it might be nice to remember to use turn signals and to cancel them after the lane change as well.
The closing of the El Dorado North Unit and the impact on our citizens and the inmates is still being addressed. The closing will become effective about June 6th, to allow for transferring personnel to the Winfield facility. As I reported earlier KDOC Secretary Werholz has offered assistance to continue the worker support. We are to provide transportation and that has proven to have a lot of moving parts that will need to be addressed.
Everyone has been most helpful and the cooperation exceptional. We are working on a memorandum of understanding between all the stakeholders that identifies areas of responsibility of the participants. We have the verbal agreement, but some believe we need it in writing so there is no confusion. Just one more hoop and hurdle to jump.
Each year questions come up about where a person can float down a river. In many states people can use the stream for recreational purposes without getting permission of the landowner. However, in Kansas, the rules are different.
The key issue is whether the stream or river is considered navigable. There are only 3 such rivers in Kansas: The Kansas River, the Arkansas River and the Missouri River. Because of this designation any person gaining legal access to the river channel may travel up and down its corridor provided the person does not go above the normal high water mark.
Travel on all other streams and rivers in Kansas require permission of the landowner or person controlling the land through which the water flows. While the water in these rivers is considered public water, the law restricts the passage of people on the waterway unless permission is granted. Much like a fisherman must have permission to fish from the bank so does the angler fishing from a boat.
In a similar manner, you have to have permission to be within the boundaries of a landowner whether walking across the land or floating down a stream. Always get permission before going on private land.
I hope you all have a safe and enjoyable summer, if there is anything I can do for you please give me a call. My Topeka office is closed and the phone and e-mail is inoperative. You may contact me at my El Dorado locations. It is an honor and privilege to serve as your representative in Topeka and I want to know what you think. Thanks, John.
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