SESSION OF 2024
CONFERENCE COMMITTEE REPORT BRIEF
SENATE BILL NO. 384
As Agreed to April 3, 2024
Brief*
SB 384 would create the Riley County Unincorporated Area Nuisance Abatement Act and
the Crawford County Unincorporated Area Nuisance Abatement Act and would amend statutes
pertaining to the Emergency Medical Services Board (EMS Board).
Riley and Crawford Counties Unincorporated Nuisance Abatement Acts
Determination of Nuisance and Order for Abatement
The bill would require the county to have obtained a conviction for a county code violation
resulting from the nuisance within the prior 12 months before any nuisance abatement process
could begin. The bill would authorize the board of county commissioners (Board) to order the
removal or abatement of any nuisance within the unincorporated area of the county and the
demolition of any structure or the removal or abatement of any other type of nuisance. The bill
would require the Board order to require the owner of the property to pay all costs associated
with the abatement.
The bill would authorize the Board to make the determination of nuisance and issue an
order by resolution that requires the nuisance to be removed or abated, if the Commission or
other agency designated by the Commission files a statement in writing with the county clerk
describing the nuisance and declaring the nuisance is a menace and dangerous to the health of
county residents.
The bill would direct the Board to order the owner of the property to remove and abate the
nuisance within no less than ten days; the bill would authorize the Board to grant extensions of
time. The bill would empower the property owner to request a hearing before the Board if the
request is made during the waiting period or any extension.
The bill would authorize the Board to notify the property owner of the order by various
means, including by certified mail and return receipt requested, but would require notice to be
given by telephone or first-class mail if the property is unoccupied and the owner is a non-
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*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 384 resident. The bill would require all orders and notices to be served on the owner of record or, if
there is more than one owner of record, then on at least one of those owners.
Abatement and Payment
If the owner fails to comply with the order, the bill would authorize the Board to order the
repair or demolition of any structure and have the items described in the order removed and
abated from the property. The bill would require the county to notify the owner by certified mail
and return receipt requested, of the total cost incurred for the abatement or removal and to state
in the notice that payment of the cost is due and payable within 60 days of the mailing of the
notice. If the payment is not paid within the 60-day period, the bill would require the cost to be
assessed against the lot or parcel of land and the county clerk to certify the costs and extend
the cost on the tax roll, to be collected by the county treasurer.
In determining the cost, the county would be required to subtract the value of the property
removed or abated and, if that value is greater than the cost incurred, pay the owner the
difference. The bill would authorize the property owner to request a hearing before the Board
prior to the deadline for payment of removal or abatement costs.
The bill would make any decision of the Board subject to review in accordance with the
Kansas Judicial Review Act (KSA 77-601 et seq.).
Motor Vehicles
The bill would authorize Riley and Crawford counties to remove and abate a motor vehicle
determined to be a nuisance, except when the vehicle is on public property or property that is
not open to the public. The bill would require disposition of these vehicles to comply with
procedures for impoundment, notice, and public auction in continuing law for vehicles
abandoned on public highways or other property open to use by the public (KSA 8-1102), which
include public auction. If a public auction is conducted but no responsible bid is received, the bill
would authorize the county to file proof with the Division of Vehicles (Division), Kansas
Department of Revenue, and require the Division to issue a certificate of title to the vehicle to
the county.
Any person whose motor vehicle is disposed of under these provisions would be eligible
for a refund of motor vehicle tax, with the amount to be determined as provided in continuing
law.
Acts Not Applicable to Agricultural Activity or Oil and Gas Exploration and Development Activity
The bill would state the Legislature declares it is the policy of Kansas to protect and
encourage the production and processing of food and other agricultural products, and it is the
intent of these acts to protect agricultural and agribusiness activities from public and private
nuisance actions.
The bill would state the acts would not apply to land, structures, machinery and equipment,
or motor vehicles used for an agricultural activity or an oil or natural gas exploration and
development activity. “Agricultural activity” would have the meaning in continuing law applicable
2 - 384 to protection of farmland and agricultural activities, and also include real and personal property,
machinery, equipment, stored grain, and agricultural input products owned or maintained by
commercial grain elevators and agribusiness facilities.
Sunset
The acts would expire on July 1, 2027.
Emergency Medical Services Board
The bill would authorize the EMS Board to grant a permanent variance from a rule and
regulation adopted to implement, enforce, or otherwise regulate provisions regarding minimal
staffing on each vehicle providing emergency services. [Note: Current law allows only for the
EMS Board to grant temporary variances for the span of one year.] The bill would prohibit the
EMS Board from requiring an ambulance to operate with more than one person that is a
paramedic, emergency medical technician, an individual licensed to practice medicine and
surgery, a physician assistant, an advanced practice registered nurse, or a professional nurse
when:
●The ambulance is providing an interfacility transfer;
●The transfer is from a county with population of 30,000 or less; and
●The driver of the ambulance is CPR-certified.
The bill also would make a technical amendment to clarify the personnel required on each
vehicle providing emergency medical service.
Conference Committee Action
The Conference Committee agreed to the provisions of SB 384, as amended by the
Senate Committee, with an amendment to reinsert modified language removed by the Senate
Committee regarding limiting the EMS Board’s authority to require certain personnel on
ambulances. The Conference Committee also agreed to insert the provisions creating the Riley
County Unincorporated Area Nuisance Abatement Act and the Crawford County Unincorporated
Area Nuisance Abatement Act (SB 162, as passed by the Senate).
Background
The Conference Committee added the contents of SB 162, as amended by the Senate
Committee on Local Government, to SB 384.
SB 384 (Emergency Medical Services Board)
The bill was introduced by the Senate Committee on Local Government at the request of a
representative of the League of Kansas Municipalities (LKM).
3 - 384 Senate Committee on Local Government
In the Senate Committee hearing on February 1, 2024, a representative of LKM provided
proponent testimony, stating rules and regulations adopted by the EMS Board require a
minimum of two medical certified staff on an ambulance, and rural communities especially face
shortages of people serving as emergency medical staff. He noted the EMS Board offers 12-
month waivers.
Written-only proponent testimony was provided by the Administrator of the North Central
Kansas Medical Center (Concordia), a representative of the City of Concordia, and the
President of the Kansas Legislative Policy Group.
The Executive Director of the EMS Board and representatives of the Kansas Emergency
Medical Services Association, Kansas State Firefighters Association, and Mid-America Regional
Council Emergency Rescue provided opponent testimony, stating having only one medically
certified person both driving an ambulance and also responsible for the patient would increase
risk to patients and to providers. The EMS Board Executive Director described variances
granted to five ambulance services from certain staffing requirements.
A representative of the American Heart Association provided written-only neutral testimony.
In the continuation of the Senate Committee hearing on February 13, 2024, a
representative of LKM described an amendment to which proponents had agreed.
No other testimony was provided.
The Senate Committee amended the bill to:
●Authorize the EMS Board to grant a permanent variance to any rule and regulation
regarding minimum staffing on any emergency medical service vehicle [Note: The
Conference Committee retained this amendment]; and
●Remove provisions that would have prohibited the EMS Board from requiring more
staff on any emergency medical service vehicle than minimal staffing required by
statute in a city or county with a population of less than 50,000 [Note: The
Conference Committee retained this amendment].
House Committee on Local Government
In the House Committee hearing on March 13, 2024, proponent testimony was provided
by Representative Droge and representatives of the EMS Board, Kansas EMS Association, and
League of Kansas Municipalities. The proponents generally stated the bill would address an
issue that has existed for five to six years and does so while providing flexibility to rural
communities without compromising the oversight responsibilities of the EMS Board.
Written-only proponent testimony was provided by a representative of the Kansas
Legislative Policy Group who identified himself as a Meade County Commissioner.
Written-only neutral testimony was provided by a representative of the American Heath
Association. The representative urged for the consideration of additional tools such as training
4 - 384 911 operators in telecommunicator cardiopulmonary resuscitation in order to increase the
survival rate of individuals suffering cardiac arrest in rural areas.
No other testimony was provided.
House Committee of the Whole
The House Committee of the Whole amended the bill to:
●Remove the provision granting permanent variance authority to the EMS Board
[Note: The Conference Committee did not retain this amendment]; and
●Reinstate the provision prohibiting the EMS Board from requiring more staff on any
emergency medical service vehicle than minimal staffing required by statute in a city
or county with a population of less than 50,000. [Note: The Conference Committee
did not retain this amendment.]
SB 162 (Unincorporated Nuisance Abatement Acts)
The bill was introduced by the Senate Committee on Local Government at the request of a
representative of the Riley County Board of County Commissioners.
Senate Committee on Local Government
In the Senate Committee hearing on February 14, 2023, a representative of the Riley
County Board of Commissioners, the Riley County Counselor, the Deputy Riley County
Counselor, and the Crawford County Counselor provided proponent testimony. They described
nuisance properties and the steps taken to try to effect cleanup, and discussed a 2012 Kansas
Court of Appeals ruling in Barnes v. Board of County Commissioners of Cowley County that
determined a county could not use its home rule powers to abate nuisances.
A representative of the Kansas Association of Counties provided written-only proponent
testimony.
No other testimony was provided.
On January 23, 2024, the Senate Committee reviewed the bill, received an update from
the Riley County Counselor, and received neutral testimony from a representative of the Kansas
Grain and Feed Association and the Kansas Agribusiness Retailers Association.
On February 8, 2024, the Senate Committee amended the bill to:
●Add a statement of legislative intent regarding protecting agricultural and
agribusiness activities from nuisance actions [Note: The Conference Committee
retained this amendment.];
●Add land, structures, machinery and equipment, or motor vehicles used for oil and
gas exploration and development activity to the exemptions [Note: The Conference
Committee retained this amendment.]; and
5 - 384 ●Add the identical (except for county designation) Crawford County Unincorporated
Area Nuisance Abatement Act. [Note: The Conference Committee retained this
amendment.]
Fiscal Information
SB 384 (Emergency Medical Services Board)
According to the fiscal note prepared by the Division of the Budget on SB 384, as
introduced, the EMS Board indicates enactment would result in fee fund expenditures of
$290,000 in FY 202, and $280,000 in FY 2026 to support 3.0 new FTE analyst positions, who
would review the eligibility of 40 transports per work hour for 2,080 hours each year. The State
Board of Healing Arts indicates enactment of the bill would not have an effect on its operations.
Any fiscal effect associated with enactment of SB 384 is not reflected in The FY 2025
Governor’s Budget Report.
LKM and the Kansas Association of Counties indicate enactment of the bill would reduce
emergency medical service staffing costs for local governments.
SB 162 (Unincorporated Nuisance Abatement Acts)
According to the fiscal note prepared by the Division of the Budget on SB 162, as
introduced, the Kansas Department of Revenue estimates enactment of the bill could result in
administrative expenditures of $250 to update policies and procedures if the nuisance involves a
motor vehicle. The Office of Judicial Administration stated enactment of the bill could increase
the number of cases filed in district court because decisions made by the Board would be
subject to the Kansas Judicial Review Act and also could result in collection of docket fees for
those cases; however, a fiscal effect cannot be determined.
Any fiscal effect associated with enactment of SB 162 is not reflected in The FY 2024
Governor’s Budget Report.
The Kansas Association of Counties states the bill could have an effect on Riley County
due to costs for repair or removing the nuisance and a loss to the county if the value of the
property exceeds removal costs.
Emergency medical services board; ambulances; rules and regulation variance
ccrb_sb384_01_0000.odt
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