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Monday, January 29, 1990 / University Daily Kansan
New bill may force legislators to pay fines
By Rod Griffin
Kenson staff writer
If legislators get stopped for speeding, they should have to pay their tickets.
This is the message State Rep. Cindy Empson, R-Independence, and State Rep. Jayne Aylward, R-Salina, want to communicate to legislators. Empson and Aylward will introduce a bill this week that will require legislators to pay fines for sneeding.
In the past, state legislators had been able to claim immunity from minor infractions, citing Article 2, Section 22, of the state constitution.
It states, "No member of the legislature shall be subject to arrest — accept for felony or breach of the peace — in going to, or returning from, the place of meeting, or during
the continuance of the session; neither shall he be subject to the service of any civil process during the session, nor for 15 days previous to its commencement."
Empson said Friday that her bill would be almed at clarifying the section.
"We want to clear up any perception, or misperception, that we do have immunity," she said. "What we are doing is putting it in a statute that there is no question about what we are liable for at any time."
Ayilda said that by the bill's definition, speeding and other minor infractions would be breaches of the peace.
“Anything you do that is a breach of the peace is a crime, and you can be arrested,” she said.
Section 28 was intended to prevent interference in legislative duties, not to provide immunity from crime, Aylward said.
Empson said the bill was first conceived in September 1969.
"At that time, there were a number of instances in the paper where legislators supposedly claimed immunity," she said.
But Empson said she wasn't aware of any legislators abusing the immunity clause.
"I feel we're dealing with a perception problem," she said. "I believe we have a very honest Legislature."
Empson recalled the last time she was stopped for speeding.
"The patrolman asked if I wanted to claim immunity," she said. "I got my ticket."
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