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Minutes for HB2323 - Committee on Local Government
Short Title
Providing for the detachment and transfer of fire district property annexed by a city.
Minutes Content for Tue, Mar 7, 2023
Chairperson McGinn opened the hearing on HB 2323. Jason Long, Office of Revisor of Statues, gave a bill brief and answered questions from the committee.
Fire Chief Jeff DeGraffenreid (Attachment 3) spoke as a proponent of the bill. He explained that this bill provides a timely process for the detachment and transfer of fire district properties annexed by a city. This would ensure taxpayers are taxed for services provided and at the correct rate. Chief DeGraffenreid stood for questions from the committee.
Attorney Barry Martin (Attachment 4) spoke as an opponent of the bill on behalf of the Northwest Consolidated Fire District in Johnson County. He testified that this bill seeks to amend the statute rather than resolve as a local government issue. If the statute is amended, it gives the city of Olathe automatic authority to annex and detach territory regardless if an agreement between a particular fire district and Olathe has not been reached.
In addition to the detachment agreement issue, there is an ad valorem tax issue. While Olathe may be the taxing entity of a rural area, it may not be the one that responds to fires or emergencies within their area of coverage. It may be dispatched to a fire district that is closer. In such cases it is unfair for Olathe to receive the ad valorem taxes without providing the services. He believes the current statute continues to serve its purpose and does not need to be changed.
Assistant County Manager Joe Connor (Attachment 5) gave neutral testimony about the bill on behalf of Johnson County. The county worked with the city of Olathe to add clarifying language as to the notification process and timelines. However, these comments were connected to a proposed balloon amendment that has not yet been added to the bill.
Speakers answered questions from the committee members. Discussion ensued.
Hearing closed on HB 2323. Meeting adjourned at 10:11 a.m.
