1) Former League Director Dies

Ernie Mosher, Executive Director of the League of Kansas Municipalities from 1960-1991, died earlier this week. The obituary can be viewed at http://www.legacy.com/Link.asp?I=LS000125055595X.

The next issue of the Kansas Government Journal will contain a tribute to Mr. Mosher and his life as well.

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2) Annexation Bills Update - Sub. HB 2029 Passes House

The House held floor debate and final action on Sub. HB 2029 on Wednesday and Thursday of this week. HB 2029 is the bill that would effectively eliminate all county-approved annexations by requiring a vote of the “qualified electors” in the area proposed to be annexed. An amendment made during floor debate restricted the provisions of HB 2029 to Johnson, Sedgwick, and Shawnee counties. The final vote on HB 2029 was 75-47. We believe that the supporters of HB 2029 found it necessary to limit it to only the three largest counties in order to garner enough votes to get the bill out of the House. The League sends a big thanks to all of you who took your time to contact your representatives on this matter. Your calls did make a difference.

Sub. HB 2029 has been referred to the Senate Committee on Local Government. At this time we do not know what the intent of the Senate committee may be. The League will continue to keep you posted on this matter.

In addition, HB 2084 is set for final action by the House on Monday. HB 2084 would amend the unilateral annexation law to prohibit on and after “January 1, 2008, that a consent for annexation from a landowner may not be utilized by a city to annex a portion of an individual’s tract of land.” It goes on to say that “(h) No city may utilize any provision of this section from and after January 1, 2008, to annex a narrow corridor of land to gain access to noncontiguous tracts of land. The corridor of land must have a tangible value and purpose other than for enhancing future annexations of land by the city.” This bill is a problem as it fouls up the unilateral annexation law, particularly as it applies to consensual annexations, and it is retroactive to January 1, 2008.

HB 2032 would eliminate all non-consensual unilateral annexations in Kansas under K.S.A. 12-520 by requiring that the County Commission would have to approve all non-consensual “unilateral” annexations. It is expected to be debated next week.

IMMEDIATE ACTION REQUESTED: If you are concerned about your city’s ability to annex land when needed for the greater good of the community, NOW IS THE TIME TO ACT!!! Please contact members of the House of Representatives and tell them how these anti-annexation bills will harm the ability of your city to grow naturally, defeat the planning process, and ultimately inhibit economic development in your community. Urge them to vote NO on all three of these bad pieces of legislation!

For more information, contact Don Moler at dmoler@lkm.org, Kimberly Winn at kwinn@lkm.org, or Sandy Jacquot at sjacquot@lkm.org.

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3) Golf Cart Bill Advances to Full House

The House Transportation Committee passed out the golf cart bill, SB 37, on Wednesday of this week. It now moves to the full House. Currently cities may allow all terrain vehicles (ATVs) and micro utility trucks on city streets. This bill expands the authority to golf carts and, thanks to an amendment in committee, to work-site utility vehicles. In addition, because ATVs are being manufactured in larger sizes than the definition in statute, the bill was amended to extend the definition to the larger model ATVs. The addition of work-site utility vehicles and golf carts to the types of vehicles cities may allow on streets will be a vast improvement over current law. If this issue is important to your city, please contact your representative and urge a “yes” vote on SB 37.

For more information, contact Sandy Jacquot at sjacquot@lkm.org.

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4) HB 2150 – “Proposition K” Update

As previously reported, HB 2150, the so called “Proposition K,” received three days of hearings in the House Taxation Committee. HB 2150 proposes to eliminate the system of valuing real property at its fair market value for ad valorem tax purposes and replace it with an artificial valuation system. First, it establishes a baseline value for property at its appraised value as of January 1, 2010. Then, that value is adjusted by increasing the baseline value by 2% per year, regardless of any market changes or sale of the property. In the event of a sale, the new owner inherits the adjusted baseline value, which may bear no resemblance to the sale price. Finally, improvements to property or new construction will be valued by taking like properties in the same zoning classification within 200 feet in the city (1000 feet in the county) and determining an average baseline value per square foot. Then the value will be adjusted yearly by the same 2%.

The League appeared and testified in opposition to HB 2150. At it’s heart, HB 2150 would eliminate the current system of valuing real property at fair market value, and replace it with an artificial system which will distort real property values, and adversely impact many citizens of Kansas. It is not a tax cut, nor even a tax limitation, but rather a tax shift. The way in which the change has been proposed also poses some constitutional issues.

Tax Chair Rep. Richard Carlson has referred HB 2150 to a sub-committee comprised of Rep. Jeff King, Rep. Mario Goico, Rep. Sharon Schwartz, Rep. Tom Hawk and Rep. Melody McCray-Miller. The sub-committee has held two meetings with one additional meeting scheduled for Tuesday, March 17th. The sub-committee is looking at the valuation system set forth in HB 2150 and other alternative forms of real estate valuation for property tax purposes.

It now appears that the sub-committee will make a report back to the House Tax Committee recommending, among other things, that the matter be referred to an interim committee for further study. Recommendations, if any, regarding changes in the valuation process would then be made by the interim committee to the 2010 legislature. At this time it appears that HB 2150, “Proposition K,” is off of the table for this year.

We will continue to keep you updated on this matter.

For more information, contact Don Moler at dmoler@lkm.org, Kimberly Winn at kwinn@lkm.org, or Sandy Jacquot at sjacquot@lkm.org.

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5) Economic Stimulus Information

We are receiving a variety of notices from various state and federal agencies regarding economic stimulus monies. Because cities will have different needs in this area and in an attempt to keep everyone informed, we have created an “Economic Stimulus” button on the front page of our website, http://www.lkm.org/legislative/economic/index.htm.

We will be putting up the information that we receive in this area. Please check back for frequent updates.

We also highly recommend signing up for updates through www.Recovery.gov.

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6) Kansas Local Government Law-Fourth Edition

The fourth edition of the Kansas Local Government Law is now available. Click here for an order form.

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