SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2369
As Amended by House Committee of the Whole

Brief*
HB 2369, as amended, would amend requirements for
tolled projects of the Kansas Turnpike Authority (KTA) and the
Secretary of Transportation (Secretary).

KTA Requirements
The bill would remove from a definition of “project” that
such project be constructed by the KTA. (Section 1)
The bill would authorize the KTA to issue revenue bonds
payable solely or partly from revenues to finance turnpike
projects. The bill would require the KTA, before undertaking a
toll road project, to find construction of a toll expressway can
be financed solely or partly through the investment of private
funds in toll road revenue bonds and that such project and
any indebtedness incurred for it could be financed solely or
partly through tolls and other project-related income, rather
than such project and indebtedness be entirely self-
liquidating. (Section 2)
The KTA would be authorized to issue turnpike revenue
bonds payable solely or partly from the tolls and revenues
pledged for bond repayment. (Section 3) Bonds and
expenses would be payable solely or partly from funds
provided under the authority of statutes governing the KTA.
(Section 4) [Note: Under continuing law, such bonds and
expenses are not obligations of the State.]
____________________
*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
 The bill would amend the authority of the KTA to fix and
collect tolls over each turnpike project to remove the
requirement that such project be constructed by the KTA.
(Section 3)

Secretary of Transportation Requirements
The bill would authorize the Secretary to study the
feasibility of constructing new toll or turnpike projects and
remove authority to designate existing highways or any
portion of such highways as a toll or turnpike project. The bill
would require a study by the Secretary of a project for its
feasibility as a toll or turnpike project to determine, after
consulting with local officials, that traffic volume, local
contribution, or other relevant reasons make such tolling
project feasible. The bill would require at least one local
public meeting to review the project during the feasibility
study process. The bill would require any toll or turnpike
project be constructed only to add capacity to existing
highways or bridges or as a new facility where such did not
exist. (Section 5)
The bill would require, prior to constructing a toll project
or turnpike project, the Secretary and local units of
government to prepare and present a joint proposal for
construction of a toll or turnpike project to the KTA and the
State Finance Council. The bill would require the Secretary
and local units of government to receive resolutions
approving the construction from the KTA and the State
Finance Council. The bill would define “local unit or units of
government” and “approving” for this purpose. The bill would
characterize the approvals by the State Finance Council as
matters of legislative delegation and state such approvals
may be given by the State Finance Council when the
Legislature is in session. (Section 5)
The bill would require tolls be charged only on users of
the additional capacity of the highway or bridge constructed
and on all users of any new project, regardless of class, size,

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or kind of traffic. The bill would require the Secretary to use
toll revenue to pay for the cost of the project for which the toll
was collected and would forbid the Secretary from using toll
revenue for payment of costs not associated with the project
for which the toll was collected. (Section 5)
The bill would remove a requirement the Secretary
recommend to the Legislature the construction of a new toll
project or turnpike project or designation of an existing
highway or portion thereof and would authorize the Secretary
to construct such toll road after meeting the proposal and
approval requirements of Section 5. The bill would state the
Secretary must determine such new or added capacity is
feasible. (Section 6)
The bill would make technical changes.

Background
The bill was introduced by the House Committee on
Appropriations at the request of Representative Proehl on
behalf of the Joint Legislative Transportation Vision Task
Force.
At the House Committee hearing, Representative
Proehl, the Acting Secretary of Transportation (Acting
Secretary), and representatives of the Kansas Contractors
Association and the Kansas Society of Professional
Engineers provided proponent testimony. Written-only
proponent testimony was provided by representatives of the
American Council of Engineering Companies of Kansas, Ash
Grove Cement Company, Greater Topeka Chamber of
Commerce, Kansas Economic Progress Council, Overland
Park Chamber of Commerce, and the Wichita Regional
Chamber of Commerce. Proponents stated certain other
states’ statutes do not require tolls to pay all costs, and the
bill would contain checks and balances, not authorize the
tolling of existing facilities, add an option for transportation
infrastructure funding, require that any additional tolled facility
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add capacity to the highway system, and require local
consultation on any such project. The Acting Secretary
requested amendments like those adopted by the Senate
Committee on Transportation and included in Senate Sub. for
HB 2007.
Neutral testimony was provided by a representative of
the Kansas Motor Carriers Association, who stated the
Association’s concerns were that no existing facilities be
tolled unless capacity is increased and no class of vehicles
be singled out. The Chief Executive Officer of the KTA also
provided neutral testimony, stating the KTA would support the
bill if the proposed amendments were adopted and it was
prepared to partner with the Kansas Department of
Transportation (KDOT), local communities, or private
stakeholders to deliver projects where tolling is found to be
feasible. Written-only opponent testimony was provided by
the owner of ten 24-7 Travel Stores in Kansas, who
expressed concerns about ensuring local commerce is easily
accessible.
The House Committee on Appropriations amended the
bill to:
● Remove requirements the KTA construct a turnpike
project;
● Specify the Secretary would evaluate and
determine the feasibility of designating new or
added capacity, rather than a portion or portions, of
a highway;
● Require any toll or turnpike project add capacity or
a new highway or bridge where none had existed;
● Require the Secretary and local units of
government to prepare a joint proposal for a toll or
turnpike project, and approval of the KTA and the
State Finance Council for the project;

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 ● Charge tolls only on users of the additional
capacity;
● Require toll revenue to be used for the project for
which the toll was collected and forbid use of toll
revenue to pay other costs;
● Charge tolls on all users, regardless of vehicle
class, size, or kind of traffic; and
● Authorize the Secretary to construct a toll road
after meeting the amended requirements of KSA
68-20,120 (Section 5).
The provisions of HB 2369, as amended by the House
Committee, would mirror those of Senate Sub. for HB 2007,
as recommended by the Senate Committee on
Transportation. [Note: The Senate Committee of the Whole
made a technical amendment to Senate Sub. for HB 2007.]
The House Committee of the Whole amended the bill to
authorize tolls to be a sole, in addition to a partial, source of
moneys for a KTA project and to require a public meeting
during the feasibility study process.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, KDOT indicates the bill
could result in increased expenditures for feasibility studies
for toll projects. Any constructed projects would require
expenditures, and there would be revenue from tolls.
However, KDOT is unable to estimate the fiscal effect
because the number of feasibility studies and new projects is
unknown. Any fiscal effect associated with enactment of the
bill is not reflected in The FY 2020 Governor’s Budget Report.


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Statutes affected:
As introduced: 68-2002, 68-2004, 8-2116, 68-2008, 68-20, 68-2301
As Amended by House Committee: 68-2001, 68-2002, 68-2004, 8-2116, 68-2008, 68-20, 68-2301
{As Amended by House Committee of the Whole}: 68-2001, 68-2002, 68-2004, 8-2116, 68-2008, 68-20, 68-2301