Brief ⁽¹⁾

Sub. for SB 304 would establish accessibility standards for certain dwellings. The bill would require that any single family residence and each individual living unit in a duplex or triplex which is constructed, reconstructed, or structurally remodeled or rehabilitated with public financial assistance would have to meet certain accessibility standards. The required accessibility standards include an accessible entrance on an accessible route, accessible doors and doorways, accessible routes within the dwelling, grab bars, and accessible light switches, electrical outlets, and other controls.

The term "public financial assistance" is defined to include:

• a building contract with any state agency;
• any real estate received by the owner through a donation by the state;
• tax credits, exemptions, or rebates;
• grant assistance from state funds;
• state loan guarantees; and
• federal funds administered by the state or a state agency.

The provisions of the act would not apply to a:

• private residence which is owner-occupied;

• private residence for which an individual tax credit or rebate is received;

• private residence which is financed under certain specified federal housing programs;
• private residence for which rental vouchers or certificates are accepted under a specific federal program; or
• dwelling which is financed with public funds other than state or federal funds.

The bill would also establish accessibility standards for the reconstruction, rehabilitation, or remodeling of certain dwellings which were constructed prior to July 1, 2000. However, the term "reconstruction, rehabilitation, or remodeling" would not include replacement of roofs or gutters, painting, siding work, plumbing work, weatherization or storm windows, or other remodeling work excluded pursuant to rules and regulations adopted by the Secretary of Administration.

Persons receiving public financial assistance for dwellings covered by this act would be required to sign an affidavit of intent to comply with the requirements of the act. Any person who accepts public financial assistance and fails to comply with the act would be ineligible to receive public financial assistance in the future.

The Secretary of Administration is authorized to waive any requirement of the act, upon application therefor. If the Secretary determines that compliance with the act is financially or environmentally impractical, the Secretary may waive the requirement. The Secretary must render a decision on any requested waiver within 60 days. The Secretary is directed to adopt rules and regulations for the implementation of this section.

The Senate Committee of the Whole amended the bill to:

• Require the Secretary of Administration to give notice of all waiver applications to the Secretary of Commerce and Housing, who is authorized to submit recommendations and comments concerning the waiver requests to the Secretary of Administration;



• Provide that proceedings to consider a waiver request will be conducted in accordance with the Kansas Administrative Procedures Act, and appeals from the decisions of the Secretary of Administration will be governed by the Act for Judicial Review and Civil Enforcement of Agency Actions; and



• Exempt from the Act (1) any dwelling which is under contract for occupation by the owner; or (2) any dwelling the design or construction of which commenced prior to July 1, 2000.

Background

Proponents who presented testimony in favor of the bill included the Americans with Disabilities Act (ADA)Coordinator of the Department of Administration and representatives of the Kansas Disability Rights Action Coalition for Housing (KDRACH), Living Independently in Northwest Kansas (LINK), and the Topeka Independent Living Resource Center (TILRC). A representative of the Department of Commerce and Housing also offered proposed amendments to the original bill.

The main differences between the substitute bill and the original bill are:

• authority to grant waivers and adopt rules and regulations is placed with the Secretary of Administration in the substitute bill, rather than the Department Commerce and Housing;



• authority to waive any provision of the bill rather than only to the exterior accessibility provisions;



• application of the bill to reconstruction and rehabilitation as well as to new construction; and



• exemption of certain residences that would have been covered by the introduced version of the bill.

The fiscal note on the original bill included an estimate that each waiver review would cost approximately $200. There was no estimate regarding the number of waiver reviews that could be expected in any year.

1. *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.ink.org/public/legislative/bill_search.html