SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2135
As Recommended by House Committee on
Local Government

Brief*
HB 2135 would repeal law (KSA 2018 Supp. 25-2711)
that, among other things, prohibits any city or county from
regulating or forbidding the placement or number of political
signs on private property or the unpaved right-of-way for city
streets or county roads on private property during the 45 days
preceding and the 2 days following any election.

Background
The bill was introduced in the House Committee on
Local Government at the request of the League of Kansas
Municipalities (LKM).
In the House Committee hearing, representatives of the
Kansas Association of Counties (KAC) and LKM testified in
favor of the bill. Proponents stated KSA 2018 Supp. 25-2711
creates a problem under the First Amendment of the U.S.
Constitution. Proponents referenced and disagreed with
Attorney General Opinion 2018-016, which found “a local
jurisdiction could elect to enforce no local sign regulations at
all or could enforce regulations that do not regulate or prohibit
the placement of or the number of any signs, regardless of
content in the designated locations during the 45-day period
prior to any election and the two-day period following the
election,” and concluded this would allow for unregulated sign
placement in the right of way at certain times leading to
potential safety issues. Written only proponent testimony was
____________________
*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
provided by the cities of Dodge, Eudora, Haysville,
Manhattan, Olathe, Overland Park, Topeka, Wichita, and the
Unified Government of Wyandotte County.
Testimony in opposition of the bill was provided by a
private citizen. The private citizen stated during an election
cycle, there is an effort by home owners associations and
other citizens to restrict homeowner’s rights in displaying yard
signs for reasons that include opposition to the message
depicted by the sign and the sign aesthetics. The private
citizen also noted property owners always have the right to
remove signs, including cities that own various properties,
such as medians and parks. Written-only opponent testimony
was provided by three private citizens.
According to the fiscal note prepared by the Division of
the Budget on the bill, the LKM and the Kansas State
Department of Education indicate the bill would have no fiscal
effect on cities or the Department of Education.


2- 2135


Statutes affected:
As introduced: 25-2711