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Minutes for SB494 - Committee on Transportation
Short Title
Providing that the employment status of a driver of a motor carrier does not change as a result of the inclusion of safety improvements on a vehicle.
Minutes Content for Thu, Feb 17, 2022
Chairperson Petersen called the meeting to order at 8:40 a.m. and referenced follow-up budget information by the Kansas Department of Transportation (KDOT) (Attachment 1).
The Chair opened the hearing on SB494.
Assistant Revisor Adam Siebers briefed the Committee on the bill. He stated that any implementation of safety improvement on a motor carrier shall not affect or change the worker status of any driver (Attachment 2).
Tom Whitaker, Executive Director, Kansas Motor Carriers Association, testified as a proponent for the bill (Attachment 3). He explained that the bill protects the worker status of independent-contractor drivers by clarifying that any safety improvement installed on a truck by a company does not impinge on the driver's classification. He said a driver's control is the key issue; the bill protects a company that wants to increase safety measures by assuring such safety measures are not construed to consider the driver as an employee. He noted that federal regulations uniquely make trucking companies responsible for the safety performance of their drivers. The narrow focus of the bill frees transport companies from having to choose between pursuing safety measures and increasing liability.
Mr. Whitaker referenced written-only testimony by Mike Hoeme, Director of Transportation, Kansas Corporation Commission (KCC), that recommends amending the bill to place it under Chapter 40 or Chapter 44 rather than Chapter 66 of the Kansas Statutes; such a change will obviate any confusion regarding KCC's rules and regulations (Attachment 4).
Responding to a question, Mr. Whitaker replied that 49% of all trucking companies in Kansas own only one truck and often lease that truck to larger trucking companies.
