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Kansas Liberty: 14 May 2010

Rep. Rob Olson and Greg Smith promoting Kansas law as template for other states

Law inspired by tragic death of Kansas teen

The Missouri Senate today is debating the Kelsey Smith Act, a piece of legislation originating in Kansas which requires wireless phone companies to comply with law enforcement when asked to help locate a missing person in an emergency situation. According to the Kansas sponsor of the Kelsey Smith Act, Rep. Robert Olson, R-Olathe, the law has been utilized by law enforcement numerous times since it was signed into law in April 2009.

“It has worked here in Kansas and it does save lives,” Olson told Kansas Liberty.

The Kelsey Smith Act was signed into law yesterday in Minnesota and is now also law in Nebraska.

The legislation was promoted by Greg and Missey Smith, who are the parents of Kelsey Smith, the Johnson County teen who was kidnapped, raped and murdered in 2007.

After Kelsey went missing, her family and law enforcement requested that her cell phone company help locate Kelsey. It took Verizon four days before it complied with the request and Kelsey’s body was located less than one hour later.

If Verizon had complied with the request earlier, Kelsey still would not have been saved, but the Smiths and proponents of the law argue that it can be utilized to save the lives of other victims.

Greg Smith, a former police officer, said a quick response rate by the cell phone companies is critical and cited that 77 percent of kidnapping victims are killed within three hours of the kidnapping. The Kelsey Smith Act expedites the process of law enforcement by obtaining the information from the cell phone companies and making it much easier to locate the victim within that three hour window.

“I think this is absolutely crucial to law enforcement,” Smith told Kansas Liberty.

Olson said his legislative office had been contacted by lawmakers in approximately 15 other states who were interested in promoting the Kelsey Smith Act. Olson and Smith are working to ensure the Kelsey Smith Act becomes law in all 50 states.

“This bill is saving a lot of lives, and I think within the next three to five years we will have it in all 50 states,” Olson said. “That’s my mission.”

Rep. Todd Tiahrt, a Republican representing the state’s Fourth District, has been promoting the Kelsey Smith Act in the U.S. House of Representatives. The legislation is currently in the House Energy and Commerce Committee where it is waiting for a hearing.

“We remain optimistic that a hearing will be set so that the Kelsey Smith Act can move through committee,” Sam Sackett, spokesperson for Tiahrt, told Kansas Liberty.

Smith said because the Kelsey Smith Act attracted some controversy at the national level, due to concerns brought regarding privacy issues, he was not fully optimistic the bill would become law at the national level.

“If we have to go state to state we will,” Smith said.

Smith said that his involvement with the political process in promoting the Kelsey Smith Act has motivated him to run for a spot in the Kansas House. Smith is campaigning for the seat currently being held by Rep. Lisa Benlon, a Democrat representing Overland Park. Benlon voted for the increase in Kansas sales tax and also voted for Kansas to add significantly more debt for transportation projects.

While Smith said his top priority would be promoting safety and security for Kansas residents, he is also a strong advocate of limited government.

“It really is state government where we can make the biggest difference in people’s lives,” Smith said.

—Holly Smith

Resources:

Tiahrt news release on Kelsey Smith Act

Kelsey Smith Foundation

Greg Smith for Kansas

Lisa Benlon legislative web page