Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2685 Comm Sub / Analysis

                    SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2685
As Amended by House Committee on Taxation
Brief*
HB 2685, as amended, would create a sales tax 
exemption for purchases by any organization exempt from 
federal income tax pursuant to 501(c)(3) of the federal 
Internal Revenue Code.
Background
The bill was introduced by the House Committee on 
Taxation at the request of Representative A. Smith on behalf 
of the 2023 Special Committee on Taxation.
House Committee on Taxation
In the House Committee hearing, proponent testimony 
was provided by representatives of the Friends of Cedar 
Crest Association, Friends of Johnson County Developmental 
Supports, InterHab, and Kansas Pet Advocates, and a private 
citizen. Proponents generally stated the bill would create a 
more fair and uniform system of sales tax exemptions for 
charitable organizations and enable such organizations to 
better utilize funds for providing services. 
Written-only proponent testimony was provided by 
representatives of Big Lakes Development Center; Cana 
House of Hospitality; ICT SOS; Kansas Humane Society of 
Wichita, Kansas; Kansas State Firefighters Association; 
____________________
*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 Music Theatre Wichita; Wichita Repertory Theater; Starkey, 
Inc.; and Sleep in Heavenly Peace.
Written-only neutral testimony was provided by a 
representative of the League of Kansas Municipalities, who 
stated the organization is neutral on the question of state 
sales tax exemptions, but decisions to exempt local sales 
taxes should be made by voters and elected officials of the 
respective communities.
No additional testimony was provided.
The House Committee amended the bill to remove a 
requirement that an entity be in good standing with the 
Secretary of State as a condition for the sales tax exemption.
Fiscal Information
The Department of Revenue estimated the bill, as 
amended, would annually decrease state revenues by $34.4 
million, with $28.6 million from the State General Fund and 
the balance from the State Highway Fund. The Department 
also indicated enactment of the bill would reduce local 
government revenues. Any fiscal effect associated with the 
bill is not reflected in The FY 2025 Governor’s Budget Report.
[Note: In the fiscal note prepared by the Division of the 
Budget on the bill, as introduced, the Department of Revenue 
was unable to provide an estimated fiscal effect due to 
unclear language in the bill, which the Committee removed by 
amendment.]
Taxation; sales tax exemptions; 501(c)(3) organizations
2- 2685