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University Daily Kansan, April 2, 1981
Safety bill amended in Senate
By BRAD STERTZ Staff Reporter
A small detour for State Rep. Jessie Branson's child passenger safety bill should not be much of a detour after all, Branson, D-Lawrence, said yesterday.
Branson's bill passed through the Senate Monday, but minor wording changes were made by State Sen. Ron Hein, R-Tampa. Hein said that he made a statement that courts more flexibility in deciding the court cases in which children were injured.
Because of that change, the bill must go through a concurrence vote in the House or either Friday or Monday.
THE CHILD passenger safety bill would make it mandatory for children younger than 2 years old to be restrained while in a motor vehicle. Children should be forming and given instructions on the value of restraining children in vehicles.
Branson said that although she did not think the amendment was crucial, she said that she did not oppose the changes it imposed.
"Actually, it does not hurt the bill very much," Branson said. "I have told
the leadership of the House that I will not oppose the amendment, so I don't think that there will be any problems with concurrence. "
Branson said that she was "very confident" that the bill would get through the House floor again.
"The only thing that would stop it would be if, on some fluke, someone got up and began to debate against the bill." Branson said. "If that happened, then it would have to go into a House/Senate Conference Committee."
BRANSON SAID that the likelihood of that happening was slim. To illustrate her point, she said that the House leadership had not yet appointed him to a committee. Usually such an appointment is made in the case of an emergency.
The part of the original draft that was in question read: "... . . . failure to use child restraint systems would not be considered negligence in civil court actions nor shall it be admissible as evidence in civil court cations."
WITH HEIN'S amendment, the wording is now: "... failure to use child restraint systems would not be considered negligence per se."
That slight change, Hein said, could mean the difference between having to procedure" or allowing their leeway to determine individual negligence cases.
"I did not want to force the courts into a single course of action without exceptions." Hein said. "I also did not want to make non-compliance a violation of negligence laws, so I think the amendment cleared all of that up."
The Senate vote on the bill was close. Branson attributed the 22-18 vote to a variety of reasons.
"I think that one thing that contributed to the close vote was the more conservative nature of the Senate as opposed to the House," Branson said.
"Also, because the bill was rushed through the Senate committee and then rushed onto the Senate floor so quickly, there were probably a lot of senators who simply had not had the time to adequately study the bill."
Branson said that even though there was a hitch in the bill's progress because of the amendment, she was very relieved that it had passed.
"I simply do not expect any problems with the bill from here on," she said. "I am pretty pleased with the outcome."
State Rep. Jessie Branson, already overrun with suggestions on how to improve a House bill that would allow the city of Lawrence to createSupporting municipal institutions, anticipates more still tomorrow.
By DALE WETZEL Staff Represent
Staff Reporter
City improvement bill gains support
"The bill is now on the House floor," Branson, D-Lawrence said, and I we've had quite a few calls on it. We've had to agree with another amendment on the House floor."
The bill is a house substitute for a similar Senate bill. According to Branson, the revised bill incorporates some safeguards desired by Lawrence City Manager Watson and several Lawrence Public Schools. Leauage of Women Voters and the Downtown Lawrence Association
CITY COMMISSIONER Barkley Clark, a supporter of the bill, said it would allow the city to create special benefit taxing districts to help finance redevelopment of downtown Lawrence.
"The city, for example, could create a tax district and use if to
build a free-standing department store, which the city could then lease to a major retailer." Clark said.
The substitute House bill was introduced by Branson after several Lawrence groups expressed dissatisfaction with the Senate bill. After the vote, a number of things, the power of eminent domain to the city in certain circumstances.
"I've gotten some objections about granting the city that sort of power," Branson said, "but cities can use the power of eminent domain under several circumstances anyway.
"By putting this language in with certain restrictions as to its use, it was felt by a number of groups that this would be the way to go."
SHE SAID THE LEAGUE of Women Voters, the DLA and the city manager's office supported the revised bill, and Clark agreed that it was more desirable than the original Senate bill.
"I think the changes in the bill have generated a real consensus about it," he said. "The Senate bill didn't have enough safeguards."
Among the safeguards Clark mentioned were extra public
hearings in the event of consideration of establishment of a special district and the requirement that any project conform to the city's comprehensive land use plan, Plam '66. A district must also consider the central business district now being formulated by Robert Teska and Associates of Evanston, Il., the city consultants.
Clark also supported the eminent domain clause in the bill.
He contended that the power was needed to prevent a single recalcitrant merchant from blocking an entire project.
"Say, for example, we wanted to build a free-standing department store to lease to a major retailer, and we wanted to condemn some land for a walkway to the store," he said. "Our owner didn't want to sell his land, he could hold up the whole project, to the detriment of the greater good.
"Of course, the property owner would get full compensation for his land and have all the other rights a person in that position has."
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