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Minutes for HB2289 - Committee on Federal and State Affairs

Short Title

Repealing public convenience and necessity requirements for motor carriers.

Minutes Content for Thu, Mar 21, 2019

Chairperson Barker opened the hearing on HB2289.  Chris Waggoner, Revisor, provided an overview on the bill (Attachment 15)

Chairperson Barker recognized Elizabeth Patton as a proponent of HB2289 (Attachment 16).  She stated this bill would help remove Kansas from being one of only 17 states that have a certificate of need law as well as criteria that clearly privileges existing businesses and is a direct mechanism for competitors to protest new applications.  She believes this is antiquated policy and needs to be updated.

Chairperson Barker recognized Meagan Forbes as a proponent of HB2289 (Attachment 17).  She stated that a certificate of public convenience is a serious barrier to free enterprise.  This bill is good policy and it is a step in the right direction toward addressing excessive occupational licensing. 

Chairperson Barker noted that there was written proponent testimony from Anastasia Boden (Attachment 18).

The Chair recognized Tom Whitaker as an opponent to HB2289 (Attachment 19).  He stated that the proponents of this legislation have never gone to the Corporation Commission seeking authority to operate.  It is not a difficult task at all.  This bill changes motor carrier laws that have existed since the 1930's.  It not only deals with the application process, it affects the tax statutes as far as public utilities are concerned for for-hire motor carriers.  It could have dramatic consequences on many of the motor carriers in Kansas today.

Chairperson Barker recognized Mike Hoeme as an opponent to HB2289 (Attachment 20).  He stated that the process for getting a certificate of convenience is very streamlined.  Kansas has one of the most efficient processes in the nation.  They are reviewing their statutes over this summer and will be presenting some proposed legislation to the 2020 legislature.  Chairperson Barker directed a question to Mr. Hoeme. 

There being no further conferees, Chairperson Barker closed the hearing on HB2289.