News Affecting Historic Preservation
The "News" page is intended to keep members up-to-date with activities of the Kansas Legislature that may impact historic preservation.
News 2014
The week of Feb. 24th, a substitute for S.B. 298 (which eliminates the mortgage registration fee which is the funding source for the Heritage Trust Fund) was passed in the Senate's Committee on Assessment and Taxation. In short, the bill eliminates the mortgage registration fees and transitions to a per page recording fee for mortgages. The “All Document Recording Fees” will increase by $4 over the next five years with $1 per page going to the Heritage Trust Fund. This proposal has received mixed reviews. Currently, 26 cents is charged per $100 of mortgages registered in Kansas. Twenty-five of the 26 cents goes to county governments for county operations, and the remaining one cent supports the Heritage Trust Fund. The mortgage registration fee has been a reliable source of funding for the Heritage Trust Fund, and changing the source of funding is not necessarily a bad idea on principle, but it raises concerns as to whether the new source will continue to be a reliable and dedicated source of funding for years to come. Sub S.B. 298 has been forwarded to the Senate and placed on General Orders awaiting final action.
HB 2449: On Feb. 24th, the House Standing Committee on Judiciary voted to table HB 2449. Most likely, the bill will not be coming back this session.
A hearing was held on Feb. 11. HB 2249 amends the standard of review for historic properties and limits it to "owners" or "applicants" versus "any person." The current language, which reads "any person aggrieved by the determination," would allow neighboring property owners, for example, or organizations to seek district court review of a proposed project in order to protect a historic registered property. Supporters of the bill testified that the legislation was necessary to overturn the flawed reasoning of the Kansas Supreme Court in the Friends of Bethany Place decision. HB 2449 would revise the preservation law and adopt the dissenting opinion of Judge Lahey. Opponents of the bill pointed out that the law has worked well for many years; promoting a community conversation regarding the future of historic properties. In the last 10 years, only two cases have led to judicial action. In the vast majority of cases, communities have resolved these issues within the framework of the preservation law without judicial intervention. No action was taken, however, the bill can be taken up at any time in the next two weeks.
On Jan. 23, S.B. 298 was introduced which eliminates the Kansas mortgage registration fee. This bill also eliminates the funding for the Heritage Trust Fund Grant Program since it’s revenue source is tied to the fee. S.B. 298 has been assigned to the Senate Tax Committee Chaired by Senator Les Donovan (R-27, Wichita). At this time, no hearing has been scheduled. However, a hearing could be scheduled at any time. Now is the time to communicate your thoughts on S.B. 298 to Senator Donovan and your own Senator and Representative.
The Heritage Trust Fund is a state program that provides matching funds up to $90,000 for preservation projects involving properties listed on the state or national registers. Locally, projects funded by the Heritage Trust Fund have included work on the Riley County Courthouse, Carnegie Library, and the Union Pacific Depot.
Last week, HB 2449 which amends the standard for review of historic properties, was introduced and sent to the House Judiciary Committee, Chaired by Representative Lance Kinzer (R-30 Olathe). At this time, no hearing has been scheduled. However, a hearing could be scheduled at any time. Now is the time to communicate your thoughts to the chair and your legislators on this bill.
The week of Feb. 24th, a substitute for S.B. 298 (which eliminates the mortgage registration fee which is the funding source for the Heritage Trust Fund) was passed in the Senate's Committee on Assessment and Taxation. In short, the bill eliminates the mortgage registration fees and transitions to a per page recording fee for mortgages. The “All Document Recording Fees” will increase by $4 over the next five years with $1 per page going to the Heritage Trust Fund. This proposal has received mixed reviews. Currently, 26 cents is charged per $100 of mortgages registered in Kansas. Twenty-five of the 26 cents goes to county governments for county operations, and the remaining one cent supports the Heritage Trust Fund. The mortgage registration fee has been a reliable source of funding for the Heritage Trust Fund, and changing the source of funding is not necessarily a bad idea on principle, but it raises concerns as to whether the new source will continue to be a reliable and dedicated source of funding for years to come. Sub S.B. 298 has been forwarded to the Senate and placed on General Orders awaiting final action.
HB 2449: On Feb. 24th, the House Standing Committee on Judiciary voted to table HB 2449. Most likely, the bill will not be coming back this session.
A hearing was held on Feb. 11. HB 2249 amends the standard of review for historic properties and limits it to "owners" or "applicants" versus "any person." The current language, which reads "any person aggrieved by the determination," would allow neighboring property owners, for example, or organizations to seek district court review of a proposed project in order to protect a historic registered property. Supporters of the bill testified that the legislation was necessary to overturn the flawed reasoning of the Kansas Supreme Court in the Friends of Bethany Place decision. HB 2449 would revise the preservation law and adopt the dissenting opinion of Judge Lahey. Opponents of the bill pointed out that the law has worked well for many years; promoting a community conversation regarding the future of historic properties. In the last 10 years, only two cases have led to judicial action. In the vast majority of cases, communities have resolved these issues within the framework of the preservation law without judicial intervention. No action was taken, however, the bill can be taken up at any time in the next two weeks.
On Jan. 23, S.B. 298 was introduced which eliminates the Kansas mortgage registration fee. This bill also eliminates the funding for the Heritage Trust Fund Grant Program since it’s revenue source is tied to the fee. S.B. 298 has been assigned to the Senate Tax Committee Chaired by Senator Les Donovan (R-27, Wichita). At this time, no hearing has been scheduled. However, a hearing could be scheduled at any time. Now is the time to communicate your thoughts on S.B. 298 to Senator Donovan and your own Senator and Representative.
The Heritage Trust Fund is a state program that provides matching funds up to $90,000 for preservation projects involving properties listed on the state or national registers. Locally, projects funded by the Heritage Trust Fund have included work on the Riley County Courthouse, Carnegie Library, and the Union Pacific Depot.
Last week, HB 2449 which amends the standard for review of historic properties, was introduced and sent to the House Judiciary Committee, Chaired by Representative Lance Kinzer (R-30 Olathe). At this time, no hearing has been scheduled. However, a hearing could be scheduled at any time. Now is the time to communicate your thoughts to the chair and your legislators on this bill.
News 2013
On May 30th, the governor signed HB 2249, which eliminates the environs review component from the state preservation law.
The new law will take effect July 1, 2013, when it is published in the Kansas Register.
On May 30th, the governor signed HB 2249, which eliminates the environs review component from the state preservation law.
The new law will take effect July 1, 2013, when it is published in the Kansas Register.
News 2012
Governor Wants to Eliminate Historic Preservation Tax Credits
In the Governor's State of the State held on Jan. 11, Gov. Brownback proposed to eliminate a number of tax credit programs, including the historic rehabilitation tax credit. In 2009, Rutgers University's Center for Urban Policy Research conducted a study for the Kansas Preservation Alliance about the historic tax credit program. The study concluded that historic rehabilitation tax credits create construction jobs and benefit the economy.
Governor Wants to Eliminate Historic Preservation Tax Credits
In the Governor's State of the State held on Jan. 11, Gov. Brownback proposed to eliminate a number of tax credit programs, including the historic rehabilitation tax credit. In 2009, Rutgers University's Center for Urban Policy Research conducted a study for the Kansas Preservation Alliance about the historic tax credit program. The study concluded that historic rehabilitation tax credits create construction jobs and benefit the economy.
