KanBikeWalk Action Request Email: Your Immediate Action is needed to stop this assault on rail-trails in Kansas!

A bill has been introduced at the State House in Topeka, HB 2735. Hearing is schedule for Monday, Mar 5 at 1:30 PM. It could cost recreational trails over $100,000 per year statewide. It is an attempt to value the land under a recreational trail right of way as high as possible and charges the taxes to the trail operator. Currently, counties are exempting rail trails or are valuing the land at $0.00, much like t he public greenways and trails in many KS cities. No one is paying taxes on the land and the counties and municipalities want to keep it that way. This bill was created by special interest groups whose goal is to stop recreational trail development.

A hearing on the bill will be held Monday, March 5th at 1:30 in the Committee on Transportation. During testimony, the Kanza Rail-Trails Conservancy will introduce an amendment to the bill that will exempt rail trail rights of way from property taxes and will keep everything as it is currently. Please see the attached amended bill.

The amended bill would:

• NOT violate Article 11, Section 1 of the Kansas Constitution. The bill as currently written is unconstitutional.

• NOT decrease the amount of property taxes collected in any counties, as all counties are currently exempting rail-trail rights of way or apprising them at $0.00.

• Give adjacent landowners the certainty of knowing that they will not be forced to pay any amount of taxes for which they are not personally responsible.

• Allow volunteer recreational trail developers and donors certainty of knowing that the money rose will not be used to pay taxes but will be used to develop recreational trails for all Kansans.

• Fulfill the Court of Tax Appeals requirement requiring a statute specifically exempting recreational trail rights of way from property taxes.

KanBikeWalk will be testifying at the Transportation Committee hearing, but we need you voice to increase the importance of our message to the Committee. Two things you can do right now in just a few minutes:

1. Please share this with your friends that support bicycling, walking and trails in Kansas.
2. Contact your state representative and the members of the committee and voice your opposition to HB 2735 as submitted and tell them you support a proposed amendment to be introduced at the hearing by KRTC President Doug Walker.

You can find more information here: http://www.kslegislature.org/li/b2011_12/measures/hb2735/

Also, feel free to contact Scott Allen, KRTC, or me. We’ll gladly give you more details.

Members of the Committee on Transportation:

gary.hayzlett@house.ks.gov Chairman
willie.prescott@house.ks.gov Vice Chairman
vince.wetta@house.ks.gov
tom.arpke@house.ks.gov
james.fawcett@house.ks.gov
john.grange@house.ks.gov
bob.grant@house.ks.gov
jerry.henry@house.ks.gov
brett.hildabrand@house.ks.gov
don.hill@house.ks.gov
bob.montgomery@house.ks.gov
eber.phelps@house.ks.gov
joann.pottorff@house.ks.gov
richard.proehl@house.ks.gov
sheryl.spalding@house.ks.gov
vern.swanson@house.ks.gov
jerry.williams@house.ks.gov
bill.wolf@house.ks.gov
ron.worley@house.ks.gov

Contact your US Senators Again Today to Save Bicycle and Pedestrian Funding.

Click HERE to take action now.

It’s happening again. Just one month ago, Sen. Coburn (R-OK) failed in his efforts to strip funding for Transportation EnhancementsProgram (TEP) from the six-month transportation extension. The bicycle community generated over 75,000 responses to that attack on bicycling and walking and saved TEP.

It’s apparent lawmakers and lobbyists opposed to bicycling and walking hope to wear us down by repeated attacks on the primary source of funding to change our roadway from a system serving cars and trucks to a network that moves people and goods.  TEP amounts to less than 2% of the total  federal transportation program, yet bicyclists and pedestrians account for approximately 15% of traffic fatalities (Source: NHTSA).  Bicycling and walking should get more funding to reduce this inequity, not be cut from the funding!

It is now officially, legally, certifiably lifted.

The Ordinance removing the non-motorized vehicle ban on 83rd Street in De Soto has been advertised, as required by state law, in the Olathe News section of the Kansas City Star (see page 2 of the link, furthest right column – you know like where you usually ride your bike). The signs may not be down, but the ban IS lifted.

Ride legal.  Ride careful. Ride respectful.  Share the road. Few motorists using 83rd Street will be aware of the change or even notice when the signs come down. For a while they will not be expecting bicyclists on this road. After all, the ban was in place for 12 years. So please be extra cautious.  Keep an eye ahead for oncoming passing motorists and left turning motorists. Watch your mirror for motorists approaching from behind or making right turns. Report any illegal actions or harassment on the part of any roadway users, motorists or bicyclists, to the Johnson County Sheriff’s Office.

http://www.theolathenews.com/static/classifieds/class_1.pdf

Tonight by a vote of 6-1, the DeSoto City Council voted to lift the 12-year-od ban for non-motorized traffic on 83rd Street from Kill Creek Rd east to its city limits with Lenexa.  Council is going to discuss reducing the 45-mph speed limit, possibly to 35-mph, in the near future, which would improve the safety for all users, human, horse or motor-powered.

But don’t head for 83rd Street just yet.  The effective date for the lifting the ban was not determined.  Public notices must be made and signs will need to be removed.  As soon as that information is available, KanBikeWalk will let you know. A big thank you goes out to the DeSoto residents who were at the meeting speaking in support of moving DeSoto forward and to the DeSoto City Council for it foresight.

The DeSoto, KS, City Council will re-visit lifting the 83rd Street bicycle ban Thursday, Sept. 15th, 7:00 PM, DeSoto City Hall. Last time this was on the agenda it was defeated by just one vote. The fact that it has come up on the agenda once again after just a few months indicates there is momentum to finally resolve this issue. Your attendance and support could make the crucial difference to get this ban lifted

An Urgent request from America Bikes:
Please help save Transportation Enhancements in the Transportation Extension by contacting your Senators today! It’s easy and takes a minute at the SRTS site. Just click here and enter your ZIP code to direct your input to your Senators.  Our Kansas Senator Jerry Moran is seen as a key swing vote on this issue so its’ critical you contact him to convey you desire for him to oppose any efforts to weaken Transportation Enhancements.   

This year, around $700 million of Federal transportation funds, which is less than 2 percent of total transportation dollars, will be spent on bicycling and walking. In 2012 that figure could be a big fat zero if Senator Coburn (R-OK) gets his way.

In the next few days, Senator Coburn (R-OK) is expected to try and hold up the extension of the SAFETEA-LU transportation bill unless Congress eliminates funding for the federal Transportation Enhancements (TE) program. For twenty years, Transportation Enhancements has been the primary funding source for sidewalks, crosswalks, bike lanes, trails and more.

Sen. Coburn is threatening to let tens of billions of transportation spending expire after September 30 (the current expiration of SAFETEA-LU) over the small amount that bicycling and walking receives. If Sen. Coburn were to succeed, it would mean an immediate end to funding for Transportation Enhancements. It would also mean that our chances of sustaining any funding for bicycling and walking (including for Safe Routes to School and Recreational Trails) in the long-term reauthorization bill would be more difficult.

Members of Congress who oppose bicycling and walking funding are saying that these projects are “job-killing regulations.” But, bicycle and pedestrian projects create more jobs per dollar than highway-only projects. And, bicycle and pedestrian projects help alleviate traffic congestion, improve safety, get people active, and give us all more transportation options.

Please take a minute to contact your Senators today to urge them to vote against the Coburn amendment and sustain dedicated funding for Transportation Enhancements. Don’t let them take away this vital investment program for smart, sustainable, safe transportation choices.

Thank you for your action. With your help, we can preserve funding for bicycling and walking in the extension and put us in a better position for the long-term transportation bill.

Please contact Scott Bricker, America Walks Executive Director, if you have more questions. He can be reached at sbricker@americawalks.org.  Of you may contact Dale Crawford, KanBikeWalk President, for information related directly to Kansas.  Dale can be contact at president@kanbikewalk.com.

Written by Randy Rasa, KanBikeWalk Board member and Kansas Cyclist Web Master

Kansas Governor Sam Brownback has signed House Bill 2192, making 3-foot passing of bicycles and “dead red” state law, effective July 1st.

The 3-foot provision requires motorists to maintain a minimum 3-foot distance when passing a bicyclist, and the “dead red” provision allows bicycles and motorcycles to proceed with caution through red lights that they are unable to trigger.

Here is the relevant portion of the bill related to 3-foot passing:

K.S.A. 8-1516 is hereby amended to read as follows: 8-1516. The following rules shall govern the overtaking and passing of vehicles and bicycles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:

(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

(c) (1) The driver of a vehicle overtaking a bicycle proceeding in the same direction shall pass to the left thereof at a distance of not less than three feet and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle.

(2) The driver of a vehicle may pass a bicycle proceeding in the same direction in a no-passing zone with the duty to execute the pass only when it is safe to do so.

With passage of the law, Kansas joins 16 other states that also require a safe-passing distance of at least 3 feet (including our neighbors in Arkansas, Colorado, and Oklahoma).

Here is the relevant portion of the bill related to “dead red”:

K.S.A. 8-1508 is hereby amended to read as follows:

(4) The driver of a motorcycle or a person riding a bicycle facing any steady red signal, which fails to change to a green light within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle because of its size or weight, shall have the right to proceed subject to the rules stated herein. After stopping, the driver or rider shall yield the right-of-way to any vehicle in or near the intersection or approaching on a roadway so closely as to constitute an immediate hazard during the time such driver or rider is moving across or within the intersection or junction of roadways. Such motorcycle or bicycle traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

At least nine other states have already adopted dead red bills (though some of them apply only to motorcycles, not bicycles).

You can read the full text of the bill, as signed by the Governor on Wednesday, 13 April 2011, here.

Congratulations to all who worked so long and hard to make this happen, especially Alan Apel and Bill Lucero of the Kaw Valley Bicycle Club.

And thanks to you, the cyclists of Kansas, for contacting your legislators and urging them to pass this bill.

Together, we can do amazing things!

Thanks to your voices, KanBikeWalk and Kaw Valley Bicycle Club, we’re one step closer to a safer roads for Kansas bicyclists.

HB 2192 passed a KS Conference Committee yesterday. It now heads to the House for concurrence, then to Senate for similar concurrence. It is once again time to take action for this important legislation improving the safety of bicycling in Kansas. Click the following link for a detailed message on Monday’s Conference Committee action from Bill Lucero, KVBC lobbyist:

http://www.kanbikewalk.com/news/hb-2192-conference-bill-advances

Now it’s time to take your next step to making Kansas safer for bicyclists

KanBikeWalk urges you to contact your individual State Representative and Senator NOW asking their support for HB 2192 as amended by Conference Committee to make bicycling safer in Kansas.

Due to the large volume of email and potentially short turn around for a vote on HB 2192, KanBikeWalk suggests you CALL your Representative’s and Senator’s offices AND follow with an EMAIL. If you already have a personal connection with your elected officials, you may want to leave a message for them to return your call, but also tell their staff what you want in the event a vote takes place before you talk directly with them. If you have not established that relationship yet, simply leave a brief message with the staffer answering the phone asking for a yes vote on amended HB 2192. KanBikeWalk also suggests you follow-up with an email so your position is documented with your Representative and Senator. You may use the following sample email, modify it or draft your own personalized message. Which ever you do, please keep calls and emails brief and clearly state what you want them do – Vote YES on Amended HB 2192. Be sure to include a clear subject line on your email such as: Vote Yes on Amended HB 2192.

If you know your Senate district number and/or your State Representative or Senator’s name, you can find their phone number and email address at the link below. Simply highlight either House or Senate, scroll down the menu to Roster and click:

http://kslegislature.org/li/

If you don’t know either of your elected official’s district number or name, you can find who your Representative and/or Senator is, their phone number and their email address here:

http://www.ipsr.ku.edu/ksdata/vote/

———————————————————————————————————————————————
Sample Email is below to 1.) Copy & paste into your email, 2.) Add your representative or senator’s name, 3.) Insert where you live in the email message, and 4.) Add your personal address to:

Email Subject: Vote Yes on Amended HB 2192

Dear Representative/Senator ____________

The Conference Committee has amended and advanced for a floor vote, Amended HB 2192, which codifies the Driving Manual’s recommendations regarding the minimum passing clearance of bicyclists by motorists, clarifies the procedures for bicyclist’s and motorcyclist’s proper reaction when encountering a non-responsive traffic signal for law enforcement and roadway users alike, and further defines seatbelt regulations,

As your constituent and a Kansas bicyclist, I respectfully ask you to vote YES on Amended HB 2192 as amended in Conference Committee when it comes before you for your vote on the floor. This bill will greatly improve the safety of bicyclists across the entire state, making it safer for my family and I to bicycle to work, around _ _ (insert your city/county name) _________ and around the State of Kansas.

Sincerely,
First & Last Name
Your Address
Your City, Kansas Your Zip Code
——————————————————————————————————————————————-

Again, be very clear you want them to vote for Amended HB 2192 and why. The why can be as simple as to make roads safer for bicyclists, motorcyclists and motorists or you can further explain your support for safer roads in Kansas by codifying the recommendations in the Driving Manual’s for motorists to safely pass bicyclists and discouraging dangerous driving practices and to remedy inconsistent enforcement regarding non-responsive traffic signals and clarifying the expected response of bicyclists and motorcyclists.

How you contact your Representative and Senator is not as important as making sure you do. This is your opportunity to make a statement for your safety and the safety of those you bicycle with. This will take you 5-10 minutes, but the effort may make bicycling in Kansas safer for years to come.

The following is an update from Bill Lucero, KVBC Lobbyist, working on the 3′ passing and dead red bill on behalf of KS bicyclists:

A Conference Committee composed of the Chairmen, Vice Chairmen and Ranking minority members of both chambers hammered out a compromise proposal this afternoon which includes the proposed 3 foot clearance a motorist would be required to provide when passing a cyclist. Two meetings were held today (Mon., Mar. 28, 2011), attended by KVBC’s Bill Lucero and Alan Apel, in order for Legislative staff to determine the impact that would result if municipalities were barred from charging additional Court costs when motorists were stopped for not wearing a seatbelt.

Eventually a provision was added back into the original House Bill 2192 prohibiting municipalities from charging such Court costs. A second provision allowing vehicles to drive 75 mph on certain limited access highways was also added. Thus, as House Transportation Chairman Gary Hayzlett (R- Lakin) stated, we now have a Transportation Omnibus Bill with the new 2 provisions contained with the “Dead Red” and 3 foot distance proposals. Hayzlett noted that whenever legislation is compounded, “you gain a few votes and you lose a few”, thus the bill could be a crap shoot in either chamber.

The Bill now goes back to the House for concurrence or rejection of the Committee report. Senate Transportation Chairman Dwayne Umbarger (R- Thayer)- who championed the 3 foot provision- indicated that he believed the current revised Bill should advance but did not speculate what might happen if other modifications were made to the Bill. At this time all bicyclists are encouraged to contact their respective Senators and Representatives, urging them to support the 3 foot provision in House Bill 2192.

Bill Lucero
Lobbyist
Kaw Valley Bicycle Club

The following is an update from Bill Lucero, KVBC lobbyist, working on the 3’ passing and ‘dead red’ bill, HB 2192, links to your Kansas Representative’s offices and a sample email you may use to contact your individual Representative in support of this important legislation to improve the safety of bicycling throughout Kansas.
______________________________________________________________________________
House Bill 2192 as amended by the Senate Transportation Committee was approved in the Senate by the Committee of the Whole (preliminary action) without opposition or amendment Wednesday, 16 March 2011. Thus, the “dead red” and 3 feet portions remain intact with favorable final action expected by the same body, Thursday, March 17, 2011, resulting in the bill being sent back to the House and possibly a Conference Committee between the two chambers.

Of immediate importance is for all cyclists to contact their individual Representative (found at http://kslegislature.org/li/ ) and request that House Bill 2192 as amended by the Senate Transportation Committee be accepted by the House of Representatives. Please recall that our original 3 feet proposal was defeated in the House on a 55-59 procedural vote, despite no hearing being held on the House side.

Therefore, it is imperative that House members hear from Bicyclists around the state in support of this measure. Please distribute this notice to all cyclists in the state urging passage of this bill. Remember, we do this not just for the safety of ourselves, but for that of our children and grandchildren as well.

Bill Lucero
Lobbyist
Kaw Valley Bike Club
lucerolb@cox.net

______________________________________________________________________________
You may use the following email to contact your KS Representative, modify it or craft your own. You may prefer to call your Representative as email volume is high and the phone is still an effective means to convey your requested action. If you don’t know who your Representative is, click here:

http://www.ipsr.ku.edu/ksdata/vote/

If you know who your Representative is, but need their email or phone number, click here:

http://kslegislature.org/li/chamber/house/roster/

Please add the subject in your email’s subject line, your Representative’s name and the name of your home town or county to the sample email for a little personalization of your request. Be sure to include your address on your closing, as many Representatives want to know they are hearing from their constituents.

Sample Email:
______________________________________________________________
Email Subject: Accept HB 2192 as amended by Senate Transportation Committee

Dear Representative ____________

The Senate has wisely approved HB 2192 as amended by the Senate Transportation Committee, which codifies the Driving Manual’s recommendations regarding the minimum passing clearance of bicyclists by motorists and clarifies the procedures for bicyclist’s and motorcyclist’s proper reaction when encountering a non-responsive traffic signal for law enforcement and roadway users alike.

As your constituent and a Kansas bicyclist, I respectfully ask you to vote YES to have the House of Representative accept HB 2192 as amended by the Senate Transportation Committee. This bill will greatly improve the safety of bicyclists across the entire state, making it safer for my family and I to bicycle to work, to school, for shopping, around _ _ (insert your city/county name) _________ and across the whole State of Kansas.

Sincerely,
First & Last Name
Your Address
Your City, Kansas Your Zip Code
______________________________________________________________________________
Please, be very clear you want your Representative to accept the amended HB 2192 and why. Your why to accept can be as simple as to make roads safer for bicyclists, motorcyclists and motorists or you can further explain your support for safer roads in Kansas by codifying the recommendations in the Driving Manual’s for motorists to safely pass bicyclists and discouraging dangerous driving practices and to remedy inconsistent enforcement regarding non-responsive traffic signals and clarifying the expected response of bicyclists and motorcyclists.

How you contact your Representative is not as important as making sure you do. This is your opportunity to make a statement for your safety and the safety of those you bicycle with. This will take you less than 5 minutes, but the effort may make bicycling in Kansas safer for years to come.