SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2446
As Amended by House Committee on Federal
and State Affairs

Brief*
HB 2446, as amended, would prohibit municipalities
from adopting or enforcing an ordinance, resolution, or
regulation that restricts, taxes, imposes a fee upon, prohibits,
or regulates the use of auxiliary containers.
The bill would define “auxiliary container” as a straw,
bag, cup, package, container, bottle, device, or other
packaging, without limitation. Such auxiliary containers could
be made out of cloth, paper, plastic, foamed plastic,
expanded plastic, cardboard, corrugated material, aluminum,
glass, postconsumer recycled material, or any similarly
coated or laminated material.
The bill would define a “municipality” as any city, county,
or unified government.
Municipalities would be expressly allowed to operate
composting, recycling, and solid waste disposal programs
and regulate the use of containers on property owned or
maintained by a municipality. The bill would also expressly
exempt the following activities from the prohibition:
● Passing or enforcing a general sales and use tax;
● Restricting use of glass containers on property
owned or maintained by the municipality for
reasons of public safety;
____________________
*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
 ● Prohibiting littering; and
● Setting reasonable standards for the regulation of
alcohol possession.
Background
The bill was introduced by the House Committee on
Federal and State Affairs at the request of a representative of
the Kansas Chamber of Commerce.

House Committee on Federal and State Affairs
In the House Committee hearing, proponent testimony
was provided by representatives from the American
Recyclable Plastic Bag Alliance, Fuel True Independent
Energy and Convenience, Kansas Chamber of Commerce,
Kansas Restaurant and Hospitality Association, National
Federation of Independent Business, and Wine Institute. The
proponents discussed the impact of increase in consumer
cost and the regulations in other states and the complications
that policies have on businesses as they comply with different
municipal policies.
Written-only proponent testimony was provided by the
Americans for Tax Reform, Kansas Agribusiness Retailers
Association, Kansas Beverage Association, and the Wichita
Regional Chamber of Commerce.
Opponent testimony was provided by representatives of
the Kansas Association of Counties, Kansas Interfaith Action,
Kansas Pet Protection Coalition, League of Kansas
Municipalities, Sierra Club, Sustainability Action Network, and
one private citizen. The opponents discussed the importance
of local home rule and the dangers of pollution caused by
plastic bags.


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 Written-only opponent testimony was provided by the
Kansas County Commissioners Association, Kansas
Organization of Recyclers, Lawrence Ecology Teams United
in Sustainability, Sustainability Action Network, and fifteen
private citizens.
The House Committee amended the bill to:
● Prohibit a municipality from adopting or enforcing
an ordinance imposing a charge or fee upon the
disposition or sale of auxiliary containers; and
● Clarify that glass containers may only be restricted
on property owned or maintained by the
municipality.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the League of Kansas
Municipalities indicates the enactment of the bill would have a
negligible fiscal effect on cities, but would eliminate the ability
of local governments to tax the products specified in the bill,
which would have produced additional revenue. The Kansas
Association of Counties indicates the enactment of the bill
would have no fiscal effect.
Containers; plastic; city regulations; county regulations


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