Kansas Rep. Brett  Hildabrand has introduced HB 2175 to fight against the unlawful search and seizures by the TSA.

This bill has garnered many co-sponsors including Representatives Bradford, Christmann, Claeys, Dierks, Esau, Garber, Goico, Grosserode, Hedke, Houser, Howell, McPherson, Montgomery,O’Brien, Petty, Read, Rothlisberg, Rubin, Todd, and Weber.

This bill amends the 2012 Kansas statutes. “Official misconduct is any of the following acts committed by a public officer or employee in the officer or employee’s public capacity or under color of the officer or employee’s office or employment.”

Section 7 states, “as part of a determination of whether to grant another person access to a publicly accessible venue or form of transportation, intentionally and without probable cause: (A) Touches the genitals, buttocks, anus or female breasts of such person, including touching through clothing; (B) removes a child younger than 18 years of age from the physical custody or control of such child’s parent or legal guardian, or a person standing in the stead of such child’s parent or legal guardian; (C) commits a violation of subsection (a) or (b) of K.S.A. 2012 Supp.21-5412, and amendments thereto; or (D) harasses, delays, coerces, threatens, intimidates, or denies or conditions such person’s accessibility because of such person’s refusal to consent to subsections (a)(7)(A), (a)(7)(B) or (a)(7)(C).”

This bill will punish any violators. “Upon conviction of official misconduct a public officer or employee shall forfeit such officer or employee’s office or employment. (c) The provisions of subsection (a)(1) shall not apply to any use of persons or property which: (1) At the time of the use, is authorized by law or by formal written policy of the governmental entity; or (2) constitutes misuse of public funds.”

The bill defines punishment for violators misconduct as Official misconduct as defined a class A person misdemeanor. A Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year.

“A person either supports all of the Constitution, all of the time, or they do not truly support it at all,” Hildabrand said.  The invasive TSA searches represent gross violations of our basic rights as Americans, trampling on the 4th and 6th Amendments.  I believe it is the moral responsibility of the States to defend liberty when federal government fails to do so.”

Recently, the TSA began switching out their naked body scanners due to the outrage. In 2010, the ACLU documented that the TSA didn’t have time to train it’s own people on the naked body scanners. Some passengers have opted out of the scanners only to be sexually assaulted instead. The ACLU has a list of pat-down horror stories. The ACLU published this story recently talking about the pre-check whitelist program the TSA has devised. The blatant disregard for the 4th amendment keeps on expanding with the TSA, and yet 12 years later, no terrorist has been caught by them.

Action Items

HB2175 has been referred separately to two committees: Committee on Federal and State Affairs, and to the Committee on Corrections and Juvenile Justice. If you are a Kansas resident and would like to end the TSA, please contact members of Committee on Federal and State Affairs.

Representative Arlen Siegfreid, District 121
Phone: 785 368-7166

Vice Chair:
Representative Steve Brunk, District 85
Phone: 785 296-7645

Representative Larry Campbell, District 26
Phone: 785 296-7632

Representative J. R. Claeys, District 69
Phone: 785 296-7670

Representative Susan Concannon, District 107
Phone: 785 296-7677

Representative Ken Corbet, District 54
Phone: 785 296-7679

Representative Travis Couture-Lovelady, District 110
Phone: 785 296-4683

Representative Willie Dove, District 38
Phone: 785 296-7670

Representative John Ewy, District 117
Phone: 785 296-7105

Representative Shanti Gandhi, District 52
Phone: 785 296-7672

Representative Broderick Henderson, District 35
Phone: 785 296-7697

Representative Brett Hildabrand, District 17
Phone: 785 296-7659

Representative Michael Houser, District 1
Phone: 785 296-7679

Representative Robert Montgomery, District 15
Phone: 785 296-7677

Representative Emily Perry, District 24
Phone: 785 296-7669

Representative Mike Peterson, District 32
Phone: 785 296-7371

Representative Reid Petty, District 125
Phone: 785 296-7676

Representative Marty Read, District 4
Phone: 785 296-7310

Representative Allan Rothlisberg, District 65
Phone: 785 296-7653

Representative Annie Tietze, District 53
Phone: 785 296-7668

Representative Ponka-We Victors, District 103
Phone: 785 296-7651

Representative Troy Waymaster, District 109
Phone: 785 296-7672

Kansas residents can track what is going on with legislation on our facebook page here.

Model Legislation

If you are not a Kansas Resident and would like to see similar legislation get introduced in your state, check out the Travel Freedom Act on the Tenth Amendment Center’s Model Legislation page.

Kelli Sladick

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