SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2019
As Amended by Senate Committee on
Transportation

Brief*
HB 2019, as amended, would establish conditions in the
Kansas Transportation Network Company Services Act for
when a driver for a transportation network company (TNC) is
an independent contractor.
The bill would specify that a driver for a TNC is an
independent contractor and not an employee, provided that
the TNC:
● Does not determine the hours when the driver must
be logged in to its system;
● Does not restrict the driver’s ability to use the
digital networks of other TNCs;
● Does not restrict the driver from engaging in any
other occupation or business; and
● Agrees in writing with the driver that the driver is an
independent contractor for the TNC.
The bill would limit these provisions to the relationship
between TNCs and TNC drivers.


____________________
*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
Background
The bill was introduced by the House Committee on
Transportation at the request of a representative of Uber
Technologies, Inc.

House Committee on Transportation
In the House Committee hearing, proponent testimony
was provided by a representative of Uber Technologies, Inc.
Written-only proponent testimony was provided by a
representative of the R Street Institute. The proponents
generally stated the bill would preserve the right of TNC
drivers to work as independent contractors.
Opponent testimony was provided by a representative
of Teamsters Joint Council 56. Written-only opponent
testimony was provided by representatives of Working
Kansas Alliance and the Mid-America Carpenters Regional
Council. The opponents generally stated the bill would harm
employee rights by permitting TNCs to classify their drivers
as independent contractors, rather than employees, and
would change the standard for employee classification.

Senate Committee on Transportation
In the Senate Committee hearing, proponent testimony
was provided by a representative of Uber Technologies, Inc.
Written-only proponent testimony was provided by
representatives of the R Street Institute and TechNet. The
proponents stated TNC drivers prefer their status as
independent contractors and setting their own schedules, and
noted similar legislation has been enacted in more than 20
states.
Opponent testimony was provided by a representative
of Teamsters Joint Council 56, and written-only opponent
testimony was provided by a representative of the Mid-

2- 2019
America Carpenters Regional Council. The opponents stated
misclassification of workers as independent contractors
affects both workers and companies and expressed concern
that the provisions would be extended to limit labor rights for
other types of workers.
The Senate Committee amended the bill to specify the
provisions would be limited to the relationship between TNCs
and TNC drivers.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Departments of
Transportation, Commerce, and Labor indicate the bill would
not have a fiscal effect on agency operations, although the
Department of Labor indicates the bill could have an effect on
the Unemployment Insurance Trust Fund based on the
change in designation for transportation employees.
Transportation network companies; Kansas Transportation Network Company
Services Act; employment status; regulation


3- 2019


Statutes affected:
Enrolled - Law effective July 1, 2023: 46-2102, 46-1207, 74-5704, 75-7201, 75-7202, 75-3223, 75-7205, 75-7206, 75-7208, 75-7209, 75-7210, 75-7211, 75-7237, 75-7238, 75-7239, 45-229, 75-7240, 75-7242
Enrolled: 46-2102, 46-1207, 74-5704, 75-7201, 75-7202, 75-3223, 75-7205, 75-7206, 75-7208, 75-7209, 75-7210, 75-7211, 75-7237, 75-7238, 75-7239, 45-229, 75-7240, 75-7242