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Minutes for SB395 - Committee on Judiciary
Short Title
Protecting private property from unauthorized access by certain government officials and unauthorized surveillance.
Minutes Content for Mon, Mar 7, 2022
Chairperson Patton opened the hearing on SB395. Natalie Scott provided an overview of the bill. She stood for questions. (Attachment 5)
Proponent
Representative Ken Corbet stated that this bill supported the Bill of Rights 4th Amendment. "The right of the people to be secure in the person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Representative Corbet stood for questions. (Attachment 6)
Jackie Newland, Kansas Livestock Association (KLA), testified as a proponent for the bill as it stands today. KLA also supported SB395 as it was introduced in the Senate Committee on Judiciary. Additionally, KLA supports the amendments made by the Senate, with one exception. KLA opposes the elimination of “physical presence” to the definition of surveillance. By eliminating this language, the bill no longer prevents circumstances where government may physically inspect private property without a warrant, permission, or exigent circumstances and only prohibits the use of electronic equipment. While placing limits on other forms of surveillance is important, eliminating “physical presence” from the definition of surveillance significantly diminishes the protections sought by KLA members. Ms. Newland stood for questions. (Attachment 7)
Jon Lueth explained on behalf of the thousands grassroots activists across our state, Americans for Prosperity (AFP) urges the membership to support SB395, which would protect the constitutional private property rights of Kansans. AFP believes due process should be followed by Kansas Wildlife and Parks. (Attachment 8)
Proponent Written
Sam MacRoberts, Kansas Justice Institute, Litigation (Attachment 9)
Neutral
Brad Loveless stated the Kansas Department of Wildlife and Parks count on the help provided by land owners when there is a need to investigate potential criminal activity on their land. KDWP currently has a policy that addresses what this bill is trying to prevent. Mr. Loveless explained, due to their current policy, KDWP was neutral concerning SB395. Mr. Loveless stood for questions. (Attachment 10)
Chairperson Patton closed the hearing on SB395.
