On Thursday, HB2175, a bill that nullifies the Transportation Security Administration's overreach at airports, was passed out of committee. It seeks to criminalize TSA misconduct and bring strict and harsh punishments upon them for their misconduct.
According to the bill, which seeks to amend 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.”
According to Section 7, “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).”
It then punishes those who violate the law. “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.”
This bill would define the offense as a Class A misdemeanor. According to the Kansas statutes, a Class A conviction would provide "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."
The entire TSA fiasco is nothing more than a violation of the Fourth Amendment, and as such should have been put down when it was first federalized following the 9-11 attacks. However, people were emotional after those attacks and willingly let the Federal government overstep its bounds to make them "feel safe" while not providing any real security. Additionally this legislation needs to go further. Sexual molestation should not be a misdemeanor. It should be a capitol offense, punishable by death. Americans don't need to be funding criminals livelihood in jail. Justice should be brought down on them. The best way to deal with the TSA is for states to simply declare they will not tolerate them at airports and force the Federal government's hand in the matter.
With that said, it is a step in the right direction! While it is not a criminal act for TSA to engage in these things now is beyond me. Once the people of Kansas push this into law, they need to start looking at completely nullification of the TSA in their state. If you wish to contact your Kansas state representative, click here and tell them you want them to vote in favor of this bill. If you are in another state, the Tenth Amendment Center has information on how you can encourage your state representative to introduce similar legislation here.