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Minutes for SB37 - Committee on Local Government, Transparency and Ethics

Short Title

Repealing the three-mile extraterritorial planning and zoning authority for cities.

Minutes Content for Thu, Jan 30, 2025

Chairperson Bowers opened the hearing on SB37.  Charles Reimer, staff revisor, presented a briefing on the bill. (Attachment 1)

Representative Corbet testified in support of SB37.  Representative Corbet noted there are thousands of people inside the three-mile zoning circle.  Representative Corbet explained that the city tells them what to do, and none of these people can vote for anyone in the city.  (Attachment 2)

Desree Pettera testified in support of SB37.  Ms. Pettera indicated the interlocal agreement provides for an Advisory Board that is appointed, not elected.  She noted there are five city commissioners and three county commissioners, so they are outvoted.  Ms. Pettera indicated they have no one to represent them.  (Attachment 3)

Beth Salmans testified in support of SB37.  Ms. Salmans indicated she believes the more local our government is, the more representation the people have.  She noted the three-mile rule is putting people's property rights in jeopardy.  (Attachment 4)

Angel Cushing testified in support of SB37.  Ms. Cushing shared she got into property rights advocacy because of this issue.  Ms. Cushing indicated the people in the three-mile area do not have a right to vote on any city commissioners.  (Attachment 5)

Senator Kloos testified in support of SB37 noting he currently lives within that zone.  Senator Kloos indicated this regulation is not fair to the citizens that live within the three-mile zone because they don't get the representation that is due to them.  Senator Kloos acknowledged that there are a lot of complex things to be worked out and would be supportive of some type of a special committee to work through this issue.  (Attachment 6)

Melissa McAllister testified in support of SB37.  Ms. McAllister outlined the changes SB37 would make to K.S.A. 12-749  Ms. McAllister also presented some recommended text changes which are included in her written testimony.  (Attachment 7)

Written proponent testimony for SB37 was submitted by:

Dan Warner testified in opposition to SB37.  Mr. Warner specifically addressed the three-mile zone as it relates to Topeka and Shawnee County.  Mr. Warner discussed the city's subdivision and platting authority within the three-mile zone.  (Attachment 34)

Kimberly Gencur Svaty testified in opposition to SB37.  Ms. Svaty explained changes to the three-mile zone could have unintended consequences on the rates of existing customers and customers in the future.  Ms. Svaty indicated they would urge some additional thought about the unintended consequences of SB37 and perhaps an interim is the right route.  (Attachment 35)

Trey Cocking testified in opposition to SB37.  Mr. Cocking discussed Emporia, Lyon County, and why things are working the way they are supposed to.  Mr. Cocking indicated they would like to enter into an agreement with the county where they have that future growth corridor, but in order to do that the County Commission would have to give them permission.  (Attachment 36)

Nathan Eberline testified in opposition to SB37.  Mr. Eberline noted they have been discussing this matter for a significant amount of time and want to be a part of the conversation.  Mr. Eberline stated this is not something that should happen with a single strikeout of something that has governed Kansas for decades.  Mr. Eberline indicated they request an interim study.  (Attachment 37)

David Dillner testified in opposition to SB37.  Mr. Dillner stated they believe an interim committee could be appropriate.  Mr. Dillner explained cities use this as a tool to plan its improvements that are water, sewer, electric, and natural gas.  Mr. Dillner indicated they look into their growth areas and project where they are going to be growing so they can make the best investment for their communities so as they grow they can serve those adequately and in the most feasible way possible.  (Attachment 38)

Jackie Ruckle testified in opposition to SB37 expressing her belief that maintaining buffers around cities is crucial for several reasons.  She explained the lack of coordinated growth and development leads to chaos.  Ms. Ruckle indicated keeping these buffers brings everyone to the table to discuss best plans moving forward for growth and prosperity.  Ms. Ruckle noted she believes cooperation is key with local governments which is what these buffers accomplish.  (Attachment 39)

Written testimony in opposition of SB37 was submitted by:

After questions from the Committee were addressed, the hearing continued.

Mike Taylor provided neutral testimony for SB37, with a request for this to be put into an interim for further study as it's a very complex issue.  Mr. Taylor explained he believes eliminating the three-mile zone without more discussion could lead to a lot of unintended consequences.  (Attachment 55)

Jay Hall provided neutral testimony for SB37.  Mr. Hall indicated they want to get an interim for this bill because they feel like this is a very complex issue.  Mr Hall explained they do not know what would happen if the three-mile zone were completely eliminated.  (Attachment 56)

Written neutral testimony for SB37 was submitted by:

  • Heidi Harris, Kansas Association of County Planning and Zoning Officials Board (Attachment 57)

After questions from the Committee were addressed, Chairperson Bowers closed the hearing on SB37.

The meeting was adjourned at 10:30 a.m.

The next meeting is scheduled for February 4, 2025.