SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2083
As Amended by Senate Committee of the Whole

Brief*
HB 2083, as amended, would establish the Kansas
Vacant Property Act and prohibit city and county governments
from taking certain actions against a property based solely on
the property being vacant.
The bill would define a “municipality” as being any city,
county, township, or other political or taxing subdivision.
The bill would also define a “vacant property” as any
residential or commercial property that meets the following
requirements:
● Property consisting of a single unit that is
unoccupied; or
● Property consisting of multiple units in which one or
more units are not occupied.
The bill states a property shall be considered vacant
under the Act, regardless of the reason for said vacancy.
The bill would prohibit a municipality from adopting or
enforcing any ordinance, resolution, regulation, or from taking
an administrative action that would require the owner,
operator, manager, or any legal or equitable mortgagee or
lienholder with an interest in the property to do the following:
● Pay any tax, fee, or other charge imposed on the
basis that the property is vacant;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ○ A municipality that requires registration of a
vacant property would be authorized to
charge a fine of up to $100 for a failure to
register a building as a vacant property within
60 days after receiving written notice from the
municipality that such building must be
registered; and
○ A municipality that requires registration of a
vacant property also would be authorized to
charge a fine of up to $300 as a penalty for
failure to register a building as a vacant
property within 30 days after receipt of written
notice of failure to register sent via certified
mail;
● Pay any tax, fee, or other charge for a legal
mortgagee, equitable mortgagee, or lienholder to
enforce a mortgage or lien by judicial means; or
● Impose responsibility of property ownership
including, but not limited to, repairs, maintenance,
or security on a legal or equitable mortgagee or
lienholder.
The bill would make null and void any provision of any
ordinance, resolution, or regulation requiring the payment of a
tax, fee, or other charge prohibited by the Act that was
adopted prior to July 1, 2023.
The bill would state that nothing in the Act would prohibit
or otherwise limit a municipality from adopting or enforcing
any ordinance, resolution, or regulation that uniformly applies
to both vacant and non-vacant property within the
municipality.


2- 2083
Background
The bill was introduced by the House Committee on
Local Government at the request of a representative of the
Kansas Association of Realtors.

House Committee on Local Government
In the House Committee hearing on February 2, 2023,
proponent testimony was provided by representatives of the
Associated Landlords of Kansas, Kansas Association of
Realtors, and Kansas Bankers Association. The proponents
generally stated that imposing fees on vacant properties
infringes on the rights of a property owner to make decisions
for their property. The proponents also stated that banks and
other financial institutions are being considered as the owners
of vacant properties and being assessed fees by cities before
the financial institution can legally care for or sell the property.
Written-only proponent testimony was provided by a
representative of the Kansas Manufactured Housing
Association.
Opponent testimony was provided by representatives of
the City of Topeka, Kansas Association of Counties, and
League of Kansas Municipalities. The opponents generally
stated the bill would infringe on local control. The opponents
also generally stated it can be important for public safety to
maintain lists of vacant properties so first responders can act
accordingly in the case of an emergency.
Written-only opponent testimony was provided by
representatives of the cities of Concordia, Edwardsville,
Halstead, and Overland Park; Unified Government of
Wyandotte County and Kansas City, Kansas; and Winfield
Area Chamber of Commerce, and by two private citizens.
The House Committee amended the bill to:

3- 2083
 ● Remove language detailing causes for vacancy
that would be disregarded for the purpose of
determining vacancy;
● Remove the prohibition on a municipality
maintaining a registry or record of vacant
properties within the city or county;
● Clarify the terms “mortgagee” and “lienholder” as
being any legal or equitable mortgagee or
lienholder with an interest in any vacant property;
● Prohibit a municipality from imposing any
responsibility of property ownership on a legal or
equitable mortgagee or lienholder; and
● Clarify that only the provisions of an ordinance,
resolution, or regulation that requires payment of
any tax, fee, or other charge would become null or
void upon enactment of the bill.
Senate Committee on Local Government
During the Senate Hearing on March 21, 2023,
proponent testimony was offered by representatives of the
Associated Landlords of Kansas, the Kansas Association of
Realtors, and the Kansas Bankers Association. The
proponents generally stated that the bill would protect the
rights of private property owners and that the current
language of the bill was a compromise among the conferees
who had been before the House Committee. Written-only
proponent testimony was provided by a representative of the
Kansas Manufactured Housing Association.
Opponent testimony was provided by representatives of
Emporia Main Street, the Kansas Association of Counties, the
League of Kansas Municipalities, and the Smith Center
Economic Development Department. The opponents
generally stated the bill would override local control and

4- 2083
remove one of the few tools municipalities and counties have
to address vacant properties and support well being of
residents. Written-only opponent testimony was provided by
representatives of the cities of Eureka and Halstead,
MuniReg, and the Unified Government of Wyandotte
County/Kansas City and by a private citizen.
Neutral written-only testimony was provided by a
representative of the City of Topeka.

Senate Committee of the Whole
On March 29, 2023, the Senate Committee of the Whole
amended the bill to allow municipalities to charge fines for
failure to register vacant properties, if such registration is
required.
The Committee of the Whole referred the bill back to the
Senate Committee on Local Government.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, both the Kansas
Association of Counties and the League of Kansas
Municipalities state that enactment of the bill would reduce
county and city revenues used primarily to fund programs
responsible for maintaining vacant properties.
Local government; Kansas Vacant Property Act; vacant property; city; county; fees;
registry


5- 2083