Testimony Of Derek Casey,Kansas Trial Lawyers Association, In Support Of HB 2114
(Feb. 9, 2005) The Kansas Trial Lawyers Association supports the current civil justice system wherein wrong-doers are held fully accountable for the harm and the damage that they cause. Consistent with that mission, KTLA is supportive of legislation that would hold accountable drunk drivers and others that enable driving under the influence in Kansas. We applaud the committee for considering HB 2114.
The victims of drunk drivers and their families are the best evidence that Kansans need greater protection through stronger laws. Violation of K.S.A. 41-715 is a misdemeanor punishable by a fine of $100-$250 dollars, up to 30 days in jail, or both. Violation of K.S.A. 21-3610 is a class B person misdemeanor that carries a fine of up to $200. Unfortunately the criminal penalties alone are not sufficient to compensate or comfort the victims and the families of those who are injured or killed by a drunk driver. We believe passage of HB 2114 will serve as a deterrent to those who jeopardize the safety of our communities.
We believe HB 2114 would be improved by simply clarifying that if a licensee violates the provisions of the liquor statutes such violation would give rise to a civil action. Our preference, and recommendation for a substitute amendment, is the following: "Breach of the duties imposed by K.S.A. 21-3610 and 41-715 shall be actionable by a civil right of action including, but not limited to, suit under K.S.A. 60-1801 et seq. or 60-1901 et seq."
If HB 2114 passes, it is KTLA's sincere hope that no family or other party has occasion to seek redress under its provisions. Thank you for the opportunity to offer our support and our comments.