HB 2109: Exempting public utilities from civil liability relating to the attachment, access, operation, maintenance or removal of law enforcement equipment on any utility pole or other structure that is owned or operated by the public utility. - Kansas

As Amended by Senate Committee on Utilities → {As Amended by Senate Committee of the Whole} · 2 edits

MINOR

The bill text was updated to reflect the version approved by the Senate Committee of the Whole rather than the initial Senate Committee. The substantive policy content, including the authority for law enforcement to attach equipment to utility poles and the liability protections for utilities, remains unchanged.

Scope change

No change in the bill's scope or applicability; only the amendment history header was modified.

TECHNICAL

The header text was changed from 'As Amended by Senate Committee' to '{As Amended by Senate Committee of the Whole}', indicating the bill has passed through an additional legislative review stage.

Minor formatting adjustments were made to the title section, specifically adding a line break and adjusting the placement of the liability exemption clause to align with the new amendment history.

Enrolled → As Amended by Senate Committee on Utilities · 7 edits

MODERATE

The bill was significantly rewritten to replace a broad immunity clause with a detailed framework requiring specific written agreements between utilities and law enforcement. The new version adds strict requirements for safety specifications, indemnification, and court order verification, while also defining exactly what constitutes a 'public right-of-way' to limit the scope of where equipment can be placed.

Scope change

The bill's scope narrowed from a general exemption for any law enforcement activity on utility poles to a specific process requiring a written 'pole attachment agreement' for equipment located only in designated public rights-of-way.

REQUIREMENT

Changed the relationship from a simple authorization to a mandatory written 'pole attachment agreement' that must detail equipment specs, safety rules, and utility discretion.

Added a requirement for law enforcement agencies to indemnify utilities against liability and cover legal costs related to the equipment.

Mandated that law enforcement agencies must secure a court order before attaching equipment and are solely responsible for that process.

DEFINITION

Introduced specific definitions for 'public right-of-way' and 'utility pole' to clarify exactly where and on what structures the rules apply.

TIMELINE

Added a sunset clause requiring the entire section to expire on July 1, 2027.

ELIGIBILITY

Expanded the definition of 'law enforcement agency' to include any public agency employing law enforcement personnel, rather than just city, county, or sheriff departments.

FISCAL

Authorized utilities to charge reasonable fees for the work and electricity needed, but explicitly prohibited charging for the physical space used by the equipment.

As Introduced → Enrolled · 5 edits · Apr 10, 2025

MODERATE

The bill was rewritten to simplify the legal framework for law enforcement equipment on utility poles. The original version required a specific written agreement for every installation and included complex rules about fees and liability. The new version grants public utilities broad immunity from lawsuits if they authorize law enforcement to attach equipment, removing the strict requirement for a formal agreement and streamlining the process.

Scope change

The bill's scope shifted from a conditional system requiring specific agreements and fee structures to a blanket immunity provision that applies whenever a utility authorizes law enforcement access, regardless of whether a formal written contract exists.

REQUIREMENT

Removed the mandatory requirement for a written 'pole attachment agreement' that detailed specific equipment specs, safety rules, and indemnification clauses.

Removed the requirement for law enforcement to secure a court order before attaching equipment and the utility's liability exemption regarding that failure.

FISCAL

Deleted provisions allowing utilities to charge fees for space usage, while retaining the ability to charge for electricity and actual installation costs.

DEFINITION

Narrowed the definition of 'law enforcement agency' from any public agency employing law enforcement to only city police, county sheriffs, and county police departments.

ELIGIBILITY

Added a broad immunity clause stating that any utility authorizing law enforcement equipment is immune from civil liability, simplifying the legal protection for utilities.

Exempting public utilities from civil liability relating to the attachment, access, operation, maintenance or removal of law enforcement equipment on any utility pole or other structure that is owned or operated by the public utility.

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