SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 161
As Amended by House Committee on
Transportation

Brief*
SB 161, as amended, would create law related to
personal delivery devices.
The bill would define “personal delivery device” as a
powered device operated primarily on sidewalks and
crosswalks and intended primarily for the transport of
property on public rights-of-way that does not exceed 550
pounds, excluding cargo, and is capable of navigating with or
without the active control or monitoring by a person. The bill
would exclude personal delivery devices from the definitions
of “motor vehicle” and “vehicle” in Kansas vehicle registration
law.
Operations. The bill would also authorize personal
delivery devices to operate on any sidewalk, crosswalk, or the
shoulder or right side of any public highway of any
municipality.
Personal delivery devices would be required to:
● Yield to all vehicles and not unreasonably interfere
with traffic;
● Not block public rights-of-way;
● Obey all traffic signals;

____________________
*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
 ● Operate at a maximum speed of ten miles per hour
on sidewalks;
● Prominently display a unique identifying number;
● Prominently display the identification and contact
information of the entity operating the personal
delivery device; and
● Be equipped with a system that enables the device
to come to a controlled stop and be actively
controlled by an operator of the device.
The bill would assign personal delivery devices the right-
of-way obligations and responsibilities of pedestrians when
such devices are operating on sidewalks or crosswalks. The
bill would require any personal delivery device operating
between sunset and sunrise or on any public highway to be
equipped with both front and rear lighting visible on all sides
in clear weather from a distance of at least 500 feet.
Insurance. The bill would also require any entity
operating a personal delivery device to maintain general
liability insurance coverage of at least $500,000 for damages
arising from the operation of the device.
Additional restrictions. The bill would require personal
delivery devices to be able to determine the proximity of other
objects and have an audible warning system capable of
notifying blind persons of the presence of the device.
Personal delivery devices would not be permitted to transport
hazardous materials, as that term is defined under federal
law.
Annual fee. The bill would require each entity operating
a personal delivery device to pay an annual fee of $50 for
each personal delivery device to the Division of Vehicles,
Kansas Department of Revenue, and to submit an annual
certification form providing information, including information
on the entity and the entity’s registered agent;
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acknowledgment of certain operating requirements and
liability; a list of traffic incidents or infractions involving any
personal delivery device operated by the entity in Kansas in
the previous year; and a list identifying each such device. A
new fee and updated certification would be required for any
new personal delivery device. The bill would direct the fees to
the State Highway Fund.
Local regulation. The bill would authorize local units of
government to prohibit personal delivery devices by
resolution or ordinance if such government determines
prohibition is necessary in the interest of public safety. The
bill would require a public hearing before enacting an
ordinance or resolution to restrict personal delivery devices
and would specify requirements for notice of that hearing.
The bill would prohibit a political subdivision from regulating
the design, manufacture, and maintenance of a personal
delivery device or the types of property the device may
transport. The bill would state these provisions would not
prohibit a political subdivision from regulating personal
delivery device operation to ensure the welfare and safety of
the political subdivision’s residents. The bill would prohibit a
political subdivision from treating personal delivery devices
differently from similar personal property.

Background
The bill was introduced by the Senate Committee on
Commerce at the request of a representative of Amazon.

Senate Committee on Commerce
In the Senate Committee hearing, proponent testimony
was provided by representatives of Amazon and FedEx
Corporation. The representative of Amazon testified the bill
would allow Amazon to bring new package delivery
technology to Kansas. The representative of FedEx
Corporation requested an amendment to increase the

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allowed weight to accommodate the FedEx personal delivery
device.
Opponent testimony was provided by a representative
of the Teamsters Local Union No. 696. The conferee stated
the bill would have a negative impact on the jobs and safety
of Kansans. Written-only opponent testimony was provided
by representatives of the Working Kansas Alliance and the
International Association of Sheet Metal, Air, Rail, and
Transportation Workers.
A representative of the League of Kansas of
Municipalities (LKM) provided neutral testimony on the bill.
The representative stated the bill was changed from a 2021
version to exclude a provision prohibiting local governments
from regulating personal delivery devices. The conferee said
exclusion of that provision allowed the LKM to remove its
opposition, but the organization continues to have concerns
regarding safety and the erosion of home rule authority.
Neutral written-only testimony was provided by a
representative of the City of Overland Park.
The Senate Committee amended the bill to increase the
liability insurance requirement from $100,000 to $1.0 million.

Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
make personal delivery devices subject to commercial vehicle
fees, clarify the definitions of “motor vehicle” and “vehicle,”
and make technical amendments to referenced statutes.

House Committee on Transportation
In the House Committee hearing, proponent testimony
was provided by representatives of Amazon and FedEx
Corporation. The representative of Amazon testified the bill
would allow Amazon to bring new package delivery

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technology to Kansas. The representative of FedEx
Corporation requested an amendment to increase the
allowed weight and maximum speed and to authorize
operation on the right shoulder of a roadway, to
accommodate the FedEx personal delivery device.
A representative of the International Brotherhood of
Teamsters Local 696 provided opponent testimony. Written-
only opponent testimony was provided by representatives of
the International Brotherhood of Teamsters Joint Council 56
and the Working Kansas Alliance. Opponents raised safety
concerns and asked that these devices be further tested
before authorizing operation in Kansas. They also raised
concerns about job losses.
A representative of the LKM provided neutral testimony,
stating LKM had agreed to bill language regarding local
control and continued to work with proponents on the issue.
The House Committee amended the bill to:
● Increase the weight limit of a personal delivery
device to 550 pounds, excluding cargo;
● Authorize operation on the shoulder or right side of
any public highway of a municipality and remove
the requirement that operation on a public highway
be only for the purpose of gaining or regaining
access to a sidewalk or crosswalk;
● Increase the limit on speed of a personal delivery
device from six miles per hour to ten miles per hour
and specify that limit would apply to operations on
sidewalks;
● Remove provisions making a personal delivery
device subject to the commercial vehicle fee;


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 ● Establish an annual fee for a personal delivery
device and an annual certification form requiring
specified information;
● Reduce the required liability coverage from
$1.0 million to $500,000;
● Remove provisions subjecting a personal delivery
device to a commercial vehicle fee;
● Require an annual fee of $50 for each personal
delivery device and certification from the entity;
● Require a political subdivision to hold a public
hearing before enacting an ordinance or resolution
to restrict personal delivery devices, and to provide
notice of the hearing; and
● Add provisions regarding regulation by a political
subdivision of personal delivery device operation.
Fiscal Impact
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Department of
Revenue states enactment of the bill would have no fiscal
effect on the agency.
The LKM indicates enactment of the bill could have a
fiscal effect on cities and towns, but the effect cannot be
estimated.
Personal delivery services; package delivery; delivery services; local control


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Statutes affected:
As introduced: 8-126
As Amended by Senate Committee: 8-126
{As Amended by Senate Committee of the Whole}: 8-126
As Amended by House Committee: 8-126
Enrolled: 8-126