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Minutes for HB2083 - Committee on Local Government
Short Title
Creating the Kansas vacant property act to prohibit municipalities from imposing any fees or registration requirements on the basis that property is unoccupied.
Minutes Content for Wed, Feb 1, 2023
Revisor Jason Long briefed the Committee on the bill (Attachment 1). He explained that the bill would enact the Kansas Vacant Property Act which would prohibit municipalities from requiring the registration or listing of vacant property with the municipality or imposing any type of tax or fee against the owner, manager, lienholder, or mortgagee of the vacant property.
Ed Jaskinia, President, Associate Landlords of Kansas, testified as a proponent for the bill (Attachmen 2t). He explained that residential properties can be vacant because of the death of the owner, financial hardships, or because that's what the rightful owner wants. If the property is secured and maintained, its vacant status should be of no concern to the local officials.
Kelly VanZwoll, AVP Government Relations and Staff Attorney, Kansas Bankers Association testified as a proponent of the bill (Attachment 3). She explained that Kansas is a lien theory state which means a mortgagee is not entitled to immediate possession of property upon default. The foreclosure process can take 12 - 18 months in which a bank cannot take any action towards the real estate.
Mark Tomb, VP Governmental Affairs, Kansas Association of Realtors, also testified as a proponent for the bill (Attachment 4). He stated that having a fee for vacant property is not justified and interferes with a property owner's ability to use their property as they see fit.
Questions were directed to those who testified as proponents of HB2083.
Providing written-only proponent testimony on this bill was Martha Smith, Executive Director, Kansas Manufactured Housing Association (Attachment 5).
Amanda Stanley, City Attorney, City of Topeka testified as an opponent to the bill (Attachment 6). She stated a vacant or neglected building that is not well maintained and managed can be the core and source of spreading blight in a neighborhood. These properties cost the community more in the provision of public services such as police and fire service.
Jay Hall, Deputy Director and General Counsel, Kansas Association of Counties testified as an opponent to the bill (Attachment 7). He explained that one of the issues with vacant properties is locating the owner when there are problems with the property.
Spencer Duncan, Government Affairs Director, League of Municipalities, also testified as an opponent (Attachment 8).
Questions were directed to those who testified as opponents of HB2083.
The following people provided written-only testimony:
- Amy Lange, City Manager, City of Concordia (Attachment 9)
- Michael Webb, CIty Manager, City of Edwardsville (Attachment 10)
- Sarah Werner, CEO Winfield Area Chamber of Commerce (Attachment 11)
- Greg Talkin, Director, Neighborhood Resource Center, Unified Government of Wyandotte County and Kansas City, Kansas (Attachment 12)
- Ethan Reimer, City Manager, City of Halstead (Attachment 13)
- Dick Carter, Jr., City of Overland Park (Attachment 14)
- Cindy Entriken, author (Attachment 15)
- Jacob Littlejohn (Attachment 16)
Chairman Bergquist closed the hearing on HB2083.
The meeting was adjourned at 10:01 a.m.
