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Minutes for SB505 - Committee on Commerce

Short Title

Enacting the protect home-based work act prohibiting the enactment or enforcement of zoning regulations that are barriers to home-based work.

Minutes Content for Mon, Mar 14, 2022

Chair Erickson opened the hearing on SB 505.

Staff provided an overview of the bill.

Proponent

Sam Adolphsen, Visiting Fellow, Opportunity Solutions Project, (OSP) spoke via Webex in support of the bill. (Attachment 5) The bill would make it easier to start a home business or work remotely by establishing statewide standards, it does not preclude local regulations on home-based work. Cities could still require a permit to run a business or work in the home, but the bill would place some boundaries on the requirements to obtain these permits.

Opponents:

John Goodyear, General Counsel, The League of Kansas Municipalities, spoke in opposition of the bill. (Attachment 6) Individuals residing in a residential neighborhood reasonably expect some limits on activities to allow enjoyment of their property, additionally, zoning and other regulations serve to protect property values of those residents. The bill takes that away, making commerce trump every other use of property regardless of location.

Jay Hall, Deputy Director and General Counsel, Kansas Association of Counties, (KAC) appeared in opposition of the bill. (Attachment 7) KAC would ask the Committee to not advance the bill, as it could negatively impact not just counties, but county residents that rely on their residential zoned property to have residential uses.

Written testimony in opposition of the bill was provided by:

Mayor Stan Luke, City of Burlington, Kansas. (Attachment 8)

Amanda Stanley, City Attorney, City of Topeka (Attachment 9)

Michael Koss, Attorney, City of Overland Park (Attachment 10)

Stuart Little on behalf of the City of Prairie Village (Attachment 11)

Jacque Butler, City  Attorney, City of Derby  (Attachment 12)

Chair Erickson closed the hearing on SB 505.

The next meeting is March 15, 2022. The meeting was adjourned at 11:20 am