SB1060 - Modifies laws regarding county collectors and rehabilitation of abandoned buildings and land trusts
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||Modifies laws regarding county collectors and rehabilitation of abandoned buildings and land trusts
HCS/SCS/SB 1060 - This act revises the fees to be collected
by certain county collectors for all current and delinquent taxes
collected as compensation for mailing the statement and receipts.
County collectors in counties not having a township organization
are also authorized to collect a certain percentage of fees for
the collection of taxes on behalf of the county. The act
increases the additional fee from five to seven percent for
collection of delinquent and back taxes to be collected from the
taxpayer in all counties except St. Louis, St. Charles and
Jackson counties and the City of St. Louis. A county collector
can accept credit cards as a form of payment for taxes, but shall
not add a surcharge in excess of the actual fees charged by the
credit card bank.
In all counties except St. Louis, St. Charles and Jackson
and the City of St. Louis, the county shall establish a "Tax
Maintenance Fund". Two percent of the fee collected for
delinquent and back taxes shall be deposited in the fund and
shall be used by the collector to fund additional costs and
expenses incurred by the county collector. The act provides
limits on the amount of money that can remain in the fund at the
end of each fiscal year. Any money in excess of that limit shall
be transferred to the general revenue fund of the county.
A similar "Tax Maintenance Fund" shall be created in third
and fourth class counties adopting a township organization that
have a county treasurer ex officio collector.
The act modifies provisions related to actions for temporary
possession of real property filed by non-profit organizations to
rehabilitate the property. Under current law, an organization
petitioning for temporary possession of abandoned property must
use the property for low- or moderate-income housing. This act
deletes that requirement.
Currently, in Jackson County, such organization may seek
title to the property after the expiration of the one-year period
following entry of the order granting temporary possession. This
act provides that the organization may seek title after
completing the rehabilitation work. The owner of the property
may seek repossession of the property before the rehabilitation
is completed. The court shall decide whether to restore
possession to the owner and, if so, how much compensation is owed
by the owner to the organization for the rehabilitation work.
The act provides that the organization must file quarterly
reports on its rehabilitation and use of the property. Under
current law, the organization was required to file an annual
The owner of the property may petition the court for
repossession of the property. The court must determine whether
the owner is able to complete rehabilitation of the property if
such work has not been completed by the organization. If the
court determines that the owner is unable to complete the work,
then the court shall not restore possession to the owner. If the
owner is able to finish the rehabilitation or it has already been
completed, then the court restore possession to the owner and
determine appropriate compensation to the organization.
This act authorizes the state to make five conveyances of
state property controlled by the department of natural resources,
including a transfer of land in Jefferson county.
This act modifies provisions relating to land trusts in
Jackson, St. Charles and St. Louis counties. The act changes the
date by which actions to set aside a court administrator's or
sheriff's deed to within one year of the court administrator's
foreclosure sale. The court administrator or sheriff can collect
their deed fee at the time of the foreclosure sale.
The act also modifies the membership of land trusts, to
include a member appointed by the county executive, if the county
has an executive. Land trusts are authorized to sell certain
tracts of vacant residential property to the owners of contiguous
property. The act provides budget requirements and deadlines for
county governing bodies to object to land trust budgets and that
a failure to object constitutes approval. The approved budget
may only be amended with the consent of the county and city that
If there are insufficient funds available to pay the
salaries and other expenses of the land trust, additional funds
may be requisitioned from the county and city not to exceed 25%
of the annual budget year without consent of the county and city.
Performance audits may be conducted by the State Auditor or
the Kansas City Auditor. Cost of performance audits must be paid
for by the land trust and made available to the public within 30
days of completion.
The act modifies the distribution of assets from the sale of
any property in the trust to provide that the trust may be used
to pay salaries and other expenses of such trust. Any funds in
excess of those necessary to meet the expenses of the trust plus
a reasonable sum to carry over into the next fiscal year may be
paid to taxing authorities and tax bill owners.
This act contains provisions that are the same or similar to
SB 1086 and HB 1634 (2002).