Bill Summary – FastDemocracy

SESSION OF 2021
    SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2007
               As Amended by Senate Committee on
                        Transportation

Brief*
    HB 2007, as amended, would update statutes related to
the regulatory authority of the Kansas Corporation
Commission (KCC) with regard to motor carriers.
     The bill would update provisions related to procedures to
be used by the KCC in the following ways:
     ●     Authorize orders and decisions of the KCC to be
           served on motor carriers by electronic mail (email)
           if authorized by the motor carrier or by first class
           mail, rather than only by first class mail, except
           certain orders related to show-cause proceedings
           (which, under continuing law, must be served by
           certified mail). A motor carrier could revoke the
           authorization to receive orders and decisions via
           email; the bill would then require the KCC to serve
           any subsequent orders or decisions by mail
           (Section 1);
     ●     Remove requirements for the KCC to prescribe a
           uniform system and class of accounts and require
           certain reports (Section 5);
     ●     Remove requirements for the KCC to require
           annual and other reports from private motor
           carriers of property (Section 6);

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
     ●    Remove administrative requirements for a hearing
          upon the filing of an application for a certificate of
          convenience and necessity (Section 8);
     ●    Remove references to a 30-day interim certificate
          of public service (no longer in current use) and a
          protest procedure related to a certificate of public
          service (Section 9);
     ●    Provide an opportunity for a hearing upon denial of
          a certificate, to be conducted in accordance with
          the Kansas Administrative Procedure Act (Sections
          8 and 9);
     ●    Remove references to requirements for cargo
          insurance no longer required by the KCC (Sections
          8 and 9); and
     ●    Remove KCC authority related to certain vehicles
          used by motor carriers temporarily within the state
          (Section 13 [KSA 66-1,140]).
     The bill would clarify motor carriers are subject to state
regulation to the extent not preempted by federal law (Section
3).
      The bill would also clarify the KCC shall establish rate-
making procedures for all holders of a certificate of
convenience and necessity, rather than for all motor common
carriers (Section 5).
       The bill would remove terms not in current use in the
statutes, such as “local cartage carrier” (Section 4), “State
Property Valuation Department” (Section 7), “Port of Entry
Board” (Section 7), and “state police regulations” (Section
10). It also would remove a definition for “ground water well
drilling rigs” (Section 2), which is defined in KAR 82-4-1, and
a reference to a statute that would be repealed by the bill
(Section 12).

                            2- 2007
     The bill would remove requirements related to types of
regulation no longer allowable under federal law, including
rate-making for changes in commodity classifications (Section
5), consent of the KCC for a motor carrier to change or
discontinue any service or operations (Section 11),
assignment or transfer of certain types of certificates (Section
13 [KSA 66-1,118]), operating territories (Section 13 [KSA 66-
1,119a]), and contract carriers (Section 13 [KSA 66-1,142d]).
     The bill would also make technical changes.
    The bill would be in effect upon publication in the
Kansas Register.

Background
     The bill was introduced by Representative Proehl.
     [Note: HB 2007 contains provisions similar to those of
2020 HB 2524, as amended by the Senate Committee on
Transportation.]

House Committee on Transportation
      In the House Committee hearing, the director of the
Transportation Division of the KCC provided proponent
testimony, stating the bill would remove outdated language
and requirements and noted the bill resulted from a review of
the statutes by KCC staff and representatives of the Federal
Motor Carrier Safety Administration, Kansas Highway Patrol,
and Kansas Motor Carriers Association.
     No other testimony was provided.

Senate Committee on Transportation
     In the Senate Committee hearing, the director of the
Transportation Division of the KCC provided proponent
                            3- 2007
testimony, stating the bill would clean up the statutes and
change no current policies and resulted from review of the
statutes. No other testimony was provided.
      The Senate Committee amended the bill to change its
effective date to upon publication in the Kansas Register.

Fiscal Information
    According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the KCC indicates
enactment of the bill would have no fiscal effect on the
agency.
Kansas Corporation Commission; motor carriers; service of orders


                                    4- 2007
Statutes affected: 
As introduced: 66-1
As Amended by Senate Committee: 66-1
Enrolled: 2-223, 12-1775a, 12-5256, 55-193, 65-180, 72-5462, 74-50, 74-99b34, 75-2263, 75-4209, 75-6702, 75-6706, 75-6707, 76-775, 76-7, 79-2959, 79-2964, 79-3425i, 79-34, 79-4804