Brief (1)
HB 2369 would prohibit the governing body of a city or county from selling or otherwise providing paving material to any private person or private entity, unless the governing body has made a determination that such paving materials are not readily available from a nongovernmental entity or in cases where a governing body declares by resolution the existence of a disaster or the threat of disaster or emergency. The bill defines "paving material" as crushed rock, asphalt, gravel, aggregate sand, or other material used to pave roads, streets, and drives. The bill also grants the governing body of a city or county the authority to establish or participate in the mining or manufacturing of paving materials for use of such county. The bill would restrict such operations unless certain public hearing related matters are complied with.
Background
House Committee Activity. Representative Grant, who sponsored the bill, explained that there are some counties that have purchased their own rock crushing equipment and are trying to save money by crushing rock for use on their roads. He indicated that in some instances, counties have sold that rock to private individuals or contractors, placing counties in competition with private businesses. Others who testified in favor of the bill included the President of Midwest Mineral, Inc., the President of Heft & Sons, L.L.C., the Managing Director of Kansas Aggregate Producers' Association, the Public Affairs Director for the Kansas Contractors Association, the Chairman of Venture Corporation, and the Vice President of Andrews Asphalt & Construction, Inc.
Those who testified against the bill included the Executive Director of the Kansas Association of Counties, and the Executive Director of the League of Kansas Municipalities. The Executive Director of the Kansas Association of Counties indicated the vast majority of counties do not routinely sell crushed rock or gravel or asphalt to other counties, and even fewer sell paving materials to private persons or private entities. He urged the Committee to be cautious in closing options to all 105 counties. The Executive Director of the League of Municipalities stated that HB 2369 undermined local control and Constitutional Home Rule. He said that the bill would totally preempt local control and limit intergovernmental cooperation between local governments.
The House Committee amendment would allow a city or county governing body to purchase paving material if such material is not readily available from a nongovernmental entity or if a governing body declares by resolution that a disaster has occurred or that the occurrence or threat of disaster or emergency may exist.
Senate Committee Activity. Many of the conferees who testified in favor of the bill before the House Committee also supported the bill before the Senate Committee. In addition, several city and county officials who did not testify before the House Committee appeared before the Senate Committee to voice opposition to the bill.
A Senate Committee amendment would prohibit counties and cities from selling or providing paving material to any private person or private entity. A second amendment grants cities or counties authority to engage in mining or manufacturing of paving materials for use of such county, and provides procedures for such activity.
The Kansas Department of Transportation and the Attorney General both stated that this bill would have no fiscal effect on the state.
1. *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.ink.org/public/legislative/fulltext.cgi