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Jan. 16, 2018
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Minutes for SB36 - Committee on Transportation

Short Title

Concerning definitions and regulations relating to motor carriers.

Minutes Content for Wed, Jan 25, 2017

Chairperson Petersen opened the hearing on this bill.

Mr. Wells gave an overview noting that the Kansas Corporation Commission (KCC) has asked for amendments to the bill.  On Page 13, a number of definitions currently in statute have been stricken.  KCC prefers to have those in rules and regulations so the KCC can update them more frequently as the federal government updates its definitions.

Page 16 deals with exemptions for certain carriers and vehicles from making filings and getting certification from the KCC.  The change on line 40 and 41 would add wording to specific only taxi or bus companies "operating commercial motor vehicles, as defined in K.A.R. 82-4-1(f) and" would be regulated.  A similar change on Page 17 would specify only vehicles meeting the definition of commercial motor vehicle should be registered with the KCC.  He said wording stricken on Page 18 is no longer required. The remainder of the bill is updating to refer to the rules and regulations.  If rules and regulations were to change, the statute would not have to change in order to match definitions.

Mr. Wells stood for questions.

Mike Hoeme, KCC, provided proponent testimony (Attachment 2).  He noted this bill is a clean up and clarification bill and simply amends and clarifies that the vehicles must meet the definition of a commercial vehicle to be under the Commission's authority.  He said the Kansas Motor Carriers Association (KMCA) is also a proponent of this bill.

Mr. Hoeme stood for questions and noted Uber is not regulated, but a vehicle with over 8 passengers would be regulated as a commercial motor vehicle. There was concern expressed that this is open to too much control, and Mr. Hoeme indicated KCC has only a handful of definitions and, for years, a majority has been adopted through rules and regulations mirroring federal regulations.  Since statutes are not updated as often as the rules and regulations, this change is preferred. After federal adoption of new rules, the state has three years to update and adopt its rules similarly; an attorney reviews the changes, and this method works well.  Mr. Hoeme added that if the state did not adopt a federal regulation, the state would not be in compliance, placing at risk money the state receives for enforcement of motor carrier regulations.

There were no other proponents, no opponents, and no one providing neutral testimony.

The hearing on this bill was closed.