SS/SCS/SB 553 - This act modifies various provisions regarding local ordinances for public nuisances, requiring certain companies who own real property to file an affidavit with the city clerk, municipal courts, and minor traffic violations.NUISANCE ABATEMENT
Cities may currently enact ordinances providing for vacation and mandatory demolition of buildings determined to be dangerous to the health, safety or welfare of residents and declared to be a public nuisance, which must include notice by certified mail, personal service, or publication. This act provides that notice to interested parties may be served by a private delivery service, substantially equivalent to certified mail (Section 67.410).
This provision is identical to a provision in HCS/SB 780 (2018) and the truly agreed to and finally passed version of HB 2562 (2018).
LIMITED LIABILITY COMPANIES - SPRINGFIELD
Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City or Independence are required to file an affidavit with the city clerk listing the manager of the property. This act applies this requirement to real property leased by an LLC in the city of Springfield (Section 347.048).
MUNICIPAL ORDINANCE AND MINOR TRAFFIC VIOLATIONS
A provision prohibiting a municipal judge from serving as a municipal judge in more than five municipalities is repealed (Section 479.020).
This provision is also repealed in SCS/HB 2562 (2018).
Currently, for minor traffic violations a person cannot be assessed a fine in excess of $250 and in municipal ordinance violations a person cannot be assessed more than $200 for the first offense, $275 for the second offense, $350 dollars for the third offense, and $450 for subsequent offenses. This act removes these monetary limits on fines (Section 479.353).
This provision is identical to a provision in SCS/HB 2562 (2018) and similar to a provision in HB 2045 (2018).
If a defendant charged with a minor traffic or municipal ordinance violation fails to appear and the court finds there is not good cause for failing to appear, then the court may order the suspension of the defendant's driver's license, that the defendant serve community service, or that the defendant pay a civil penalty. If a civil penalty is ordered and the defendant fails to pay, then the court may submit to the Department of Revenue for collection of the penalty through setoff against any state tax refund owed. If a defendant's license is suspended and he or she subsequently operates a motor vehicle, then the defendant shall be guilty of a misdemeanor under the provisions regarding driving without a proper license (Sections 143.783, 302.321, 302.341, 479.353).
These provisions are similar to provisions in SCS/SB 692 (2018), SS/SCS/HB 2562 (2018), and SCS/HB 1249 (2018).
Under current law, a county or municipality that has a municipal court must submit a financial report to the auditor. This act provides that a county or municipality will meet compliance with this requirement by filing a statement confirming that twenty percent or less of its general revenue comes from fines, bond forfeitures, and court costs in municipal court cases. Currently, the Auditor shall establish a procedure for including such information by December 31, 2015. This act extends that date to December 31, 2018 (Section 479.359).
This provision is identical to a provision in SCS/HB 2562 (2018) and substantially similar to a provision in SCS/SB 692 (2018).
Currently, counties and towns with a municipal court must file with the State Auditor a report demonstrating compliance with certain municipal court procedures. One procedure is that the municipal court is to make use of community service alternatives at no cost to the defendant. This act removes the provision stating that the community service alternatives are to be offered at no cost to the defendant(Section 479.360).
This provision is identical to a provision in the truly agreed to and finally passed version of HB 2562 (2018), SCS/SB 692 (2018), HB 1475 (2018), SCS/HB 1249 (2018), SB 520 (2017), and to SB 81 (2017).
JESSI JAMES