Kansas committee hears debate on "Professionals Freedom of Expression Act" over religious speech and MLS access

The Committee on Commerce, Labor and Economic Development on Feb. 20 heard competing arguments over House Bill 24‑65, the "Professionals Freedom of Expression Act," a measure proponents say would protect licensed professionals’ private, sincerely held religious speech and opponents say would improperly intrude on voluntary association governance and MLS business models.

Revisor Reimer summarized the bill, saying it would prohibit governmental entities and private licensing organizations from denying, revoking or suspending licenses or otherwise taking adverse action based solely on a professional’s beliefs or lawful expression unrelated to their professional duties, and would create a private cause of action for persons injured or likely to be injured by violations. The revisor also explained a new section that would be inserted into the real estate brokers and salespersons license act and noted an effective date of July 1, 2026.

Proponents, led by Representative Steve Brunk, Lance Kinzer of the First Amendment Partnership and Joseph Ryan Scapham, said the bill protects workers who speak or worship on their own time. "Multiple listing service access, really for many, for many, realtors is an absolute necessity in order to practice their profession," Kinzer told the committee, arguing the MLS’s role makes the issue distinct from other voluntary associations. Brunk said the measure gives licensees "an opportunity to have essentially have their day in court" if they face discipline for private religious speech.

Opponents, including Mark Toome of Kansas Realtors and Kib Cooper of the Kansas City Regional Association of Realtors and Heartland MLS, urged the committee to reject or substantially amend the measure. Toome said the bill is broader than proponents portray and noted recent changes to association policy in June 2025. He told the committee, "While House Bill 24‑65 is being portrayed as a freedom of speech or a religion bill, there's a lot more involved here." Cooper warned that section 2(b)’s requirement for "full access and identical pricing" is undefined and could force associations to provide bundled services — such as forms libraries and electronic lockboxes — at member rates, which would "force us to subsidize nonmembers and give away association owned assets."

Lawmakers pressed both sides on practical impacts. Witnesses agreed that a professional license does not itself require association membership but said many residential practitioners function effectively only with MLS access. The opponents presented state figures — about 10,221 Realtors and 18,501 licensees in Kansas, with roughly 8,280 licensees not Realtors — to argue many licensees already operate without association membership and that the proposed statutory language could impose unintended costs.

The revisor and proponents cited existing law and court decisions. Kinzer referenced KSA 44‑10‑16(f) and recent litigation in other states that shaped association policies, contending the bill merely clarifies protections for religious expression as distinct from professional conduct. Opponents countered that association policy changes in 2025 address the concerns proponents raised and that imposing a state standard risks micromanaging private organizations.

The hearing closed without committee action on HB 24‑65. Members asked staff and proponents for possible definitional fixes and cost clarifications should the bill return to committee.

The committee proceeded to other business, including HB 24‑66 on the same agenda day.