SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2447
As Amended by House Committee on
Commerce, Labor and Economic Development
Brief*
HB 2447, as amended, would prohibit cities, counties,
and unified city-county governments from prohibiting the sale
of any product or service that is otherwise permitted under
state law.
The prohibition would not apply to:
● Setting reasonable standards for the regulation of
alcohol possession;
● Regulating consumer merchandise to the extent
necessary to comply with local building or fire
codes; or
● Requiring the licensing or permitting of any
business entity.
This prohibition could not be construed to prohibit or
restrict zoning authority.
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. The bill was referred to
the House Committee on Commerce, Labor and Economic
Development on March 7, 2023.
____________________
*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
House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, proponent testimony
was provided by representatives of the Kansas Chamber of
Commerce, Kansas Retail Council, and Petland West
Wichita. The proponents generally stated local limitations on
sales create disuniform business conditions across the state,
which can result in lower overall economic growth.
Written-only proponent testimony was provided by the
National Federation of Independent Business-Kansas.
Opponent testimony was provided by representatives of
the American Heart Association, Kansas Association of
Counties, Kansas County Commissioners Association,
Kansas Pet Protection Coalition, Kansas Sierra Club, League
of Kansas Municipalities, and Prairie Paws Animal Shelter.
Opponents generally stated the bill would impede upon local
control and prevent local solutions to local problems.
Written-only opponent testimony was provided by
representatives of the American Cancer Society, Tobacco
Free Kansas Coalition, several cities and counties, and a
private citizen.
The House Committee amended the bill to exclude sales
of services from the prohibition and to otherwise limit the
prohibition as it relates to sales of products.
Fiscal Information
According to the revised fiscal note prepared by the
Division of the Budget on the bill, as introduced, the bill would
have no state fiscal effect. The Kansas Association of
Counties indicates the bill would have no fiscal effect on
counties. The League of Kansas Municipalities indicates the
bill would have an indeterminate negative fiscal effect on
cities.
Municipalities; preemption; sales
2- 2447