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Minutes for SB67 - Committee on Transportation

Short Title

Expanding the definitions of all-terrain vehicles and recreational off-highway vehicles.

Minutes Content for Tue, Feb 2, 2021

Chairperson Petersen called the meeting to order at 8:30 a.m. and invited members and others to request bill introductions. 

Tom Whitaker, Executive Director, Kansas Motor Carriers Association, requested a bill (RS 0780) addressing technical changes needed in statute to accommodate tow-truck services.  Without objection the proposed bill will be introduced.

Chairperson Petersen opened the hearing on SB 67.

Assistant Revisor Adam Siebers reviewed the salient features of the bill (Attachment 1).  He explained that the bill amends the definition of all-terrain vehicles (ATV) and recreational off-highway vehicles (ROV) and expands the measurements and weights for these vehicles.

John Federico, Federico Duerst Consulting, representing Polaris, Inc., testified as a proponent for the bill (Attachment 2).  He gave a brief history regarding the vehicles and stated that increased consumer demand for the vehicles has resulted in new models being produced by various manufacturers; the bill adjusts the statutes to reflect the evolution of the vehicles.  He noted that the bill does not change where or how the vehicles are used.

J. R. Burke, Polaris, Inc., via WebEx added further information to support the bill (Attachment 3).  He commented that the bill updates the definitions, an important factor considering the popularity and economic impact of recreational vehicles.  He said the statutory changes will enable dealers to compete equitably with those in neighboring states and will provide consistency in the permit process among the 23 Polaris dealers in Kansas.  He noted similar statutory definitions in Missouri and Tennessee and urged members to pass the bill.

Jay Hatfield, Jay Hatfield Motorsports, via WebEx spoke as a proponent (Attachment 4).  He stated that the updated definitions will assure that those interested in ATVs and ROVs will purchase their vehicles in Kansas rather than out of state.

Craig Keating, RideNow, Kansas City, via WebEx also testified in support of the bill (Attachment 5).  He reported that the bill will help his company remain competitive by keeping Kansas on the same level with other states.

The conferees responded to members' questions:

  • No other state includes a definition of a tracked ATV or ROV.  Track vehicles are rarely used on public lands and are common only for ice fishing and on wetland/bog areas.  (Mr. Burke)
  • Some ATVs and ROVs can reach highway speeds.  The given measurements in the bill (e.g., rim to rim) reflect federal safety standards.  (Mr. Burke)
  • At the dealer level if the purchase of an ATV or ROV includes a lien, Kansas does not register ATV's or ROV's but a title is available for an ROV.  If a person purchases a vehicle with cash, the title/registration is left to the buyer's discretion.  (Mr. Hatfield and Mr. Burke)

Deborah Barnes, Staff Attorney, League of Kansas Municipalities, testified as neutral on the bill (Attachment 6).  She explained that the proposed changes in the statutes were a concern in some cities that have ordinances regulating the use of ATVs and ROVs within the city limits.  She noted that the bill will clarify that newer vehicles will now be defined, but she expressed concern regarding the safety of the newer vehicles, some of which are approaching the weight of a modest sedan.

Chairman Petersen noted the written-only testimony of John Donley, Kansas Farm Bureau, in support of the bill (Attachment 7).

The Chairman closed the hearing on SB 67.