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Minutes for SB510 - Committee on Local Government
Short Title
Enacting the Kansas vacant property act to prohibit municipalities from imposing any fees or registration requirements on unoccupied residential or commercial property.
Minutes Content for Thu, Mar 3, 2022
Revisor Jason Long provided a brief introduction of SB 510 and answered questions from the committee.
Ed Jaskinia appeared before the committee on behalf of The Associated Landlords of Kansas as a proponent of SB 510. Jaskinia provided a brief overview of the bill as he was a strong supporter of it being drafted. Jaskinia suggested the bill is needed to protect current landowners and remove excessive government involvement in private affairs. (Attachment 1)
Kelly VanZwoll appeared as a proponent of the bill on behalf of the Kansas Bankers Association. VanZwoll discussed the difference between a lien holder and a true owner of a building. VanZwoll also mentions that although banks are not true "owners" of the property, they are often treated like it on unfair tax purposes. (Attachment 2)
Martha Neu Smith, Kansas Manufactured Housing Association testified in front of the committee as a proponent of the bill. Neu Smith suggested possible amendments could be agreed upon by both parties but the underlying bill is still an important piece of legislation. (Attachment 3)
Stephanie Mullholland, Heartland Credit Union Association, testified as a proponent of the bill. Mullholland shared similar concerns as VanZwoll in regards to liens. (Attachment 4)
The final proponent of the bill, Mark Tomb, Association of Realtors briefly mentioned that this bill protects private property rights and that nuisance laws in cities already allow for the city to adequately deal with any potential harm of vacant or abandoned buildings. (Attachment 5)
After brief discussion with the proponents, Chair McGinn called for opponent testimony to be brought to the committee.
Amanda Stanley, City Attorney for the City of Topeka, called for the Committee to not pass SB 510 as vacant buildings are a public safety risk. Stanley discussed the City of Topeka's current nuisance abatement statutes and that this bill would only cost the City more money. (Attachment 6)
John Goodyear, The League of Kansas Municipalities, testified as an opponent of the bill. Goodyear suggested the bill is Anti-Home Rule and that these decisions are best left to municipal or county governments to decide for themselves. Additionally, Goodyear claimed vacant homes decrease the price of surrounding homes. (Attachment 7)
Karen Hiller, City of Topeka Councilwoman, District 1, also testified as an opponent of the bill. Hiller echoed Stanley's concern of the public safety hazard vacant homes bring and the increased risk and cost for the city to watch out for - and maintain - vacant homes. Hiller claimed she would rather get people living inside the house than having it sit vacant. (Attachment 8)
After all oral testimony was heard, questions were asked by the committee regarding foreclosures and vacancy registries, code enforcement, list of cities currently with similar statutes in place, and other bills relating to property rights and nuisance abatement.
Written-Only Opponent testimony for SB 510 was submitted by:
Greg Talkin, Unified Goverment of WYCO/KCK (Attachment 9)
Chairperson McGinn adjourned the meeting at 10:25AM. The next possible meeting is scheduled for March 8, 2022 at 9:30AM.
