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HB 2109

distracted driving; penalties; motorcycles

57th Legislature - Second Regular Session Introduced by Teresa Martinez

HB 2109 shields public utilities from civil liability when they authorize or enter agreements allowing law enforcement gear on their poles or structures.

Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · HB 2109

HB 2109 — Summary (2025)

Status: Approved by Governor (signed April 1, 2025).
Introduced: January 27, 2025.
Effective: On and after publication in the statute book (per the act).

Main purpose

HB 2109 creates a civil-immunity rule for public utilities in Kansas when they authorize — or enter agreements authorizing — law enforcement agencies to attach, access, operate, maintain, or remove law‑enforcement equipment on utility poles or other structures the utility owns or operates. The core effect is to make the utility immune from civil liability for claims that arise from that authorization or agreement.

Key provisions

  • Immunity: Any public utility that authorizes a law enforcement agency, or enters into an agreement with a law enforcement agency, permitting placement or use of law‑enforcement equipment on a utility pole or other utility-owned structure is immune from civil suit for claims based on or arising from that authorization or agreement.
  • Definitions:
    • "Law enforcement agency" (enrolled version): a city police department, a county sheriff’s department, or a county police department (federal agencies are not included in the enrolled definition).
    • "Public utility": retains the state statutory definition (K.S.A. 66‑104) and includes municipally owned/operated utilities and electric cooperatives.
  • Effective date language: the act takes effect upon publication in the statute book.

Who is affected

  • Public utilities (investor‑owned, municipal utilities, and electric cooperatives): receive statutory protection from civil liability when they permit law enforcement to place equipment on their poles or structures.
  • Local law enforcement agencies (city police, county sheriffs, county police): may obtain access to utility-owned poles/structures with reduced risk that their agreement with a utility will expose the utility to civil claims.
  • Third parties / potential plaintiffs: individuals or entities who might otherwise sue utilities over damages or harms alleged to result from such authorizations may be limited by the immunity the statute provides.

Legislative and procedural notes

  • The bill was originally introduced with more detailed pole‑attachment agreement requirements (indemnity, cost recovery, safety specs, KCC/CURB involvement, and a sunset in some versions). During floor/committee amendments the bill’s contents were substantially revised; the enrolled/approved law focuses solely on immunity.
  • Fiscal impact: prior analyses of earlier drafts indicated minimal agency fiscal effects (e.g., a modest CURB workload estimate). No substantial statewide fiscal impact was identified in the final materials.

Potential implications

  • Utilities may be more willing to permit placement of law enforcement equipment, knowing they have immunity for claims arising from that authorization.
  • The law limits civil remedies against utilities in connection with such authorizations; affected parties would need to consider whether other defendants or claims remain viable.

Compiled from official sources — confirm details with the bill’s official record.

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