19 | | - | New Section 1. (a) This act shall be known and may be cited as |
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20 | | - | the veterans' valor property tax relief act. |
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21 | | - | (b) There shall be allowed as a credit against the tax liability of a |
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22 | | - | taxpayer imposed under the Kansas income tax act for tax year 2024, |
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23 | | - | and all tax years thereafter, in an amount equal to 75% of the amount of |
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24 | | - | property and ad valorem taxes actually and timely paid by a taxpayer |
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25 | | - | who has been deemed to be permanently and totally disabled or |
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26 | | - | unemployable pursuant to 38 C.F.R. § 3.340 if such taxes were paid |
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27 | | - | upon real or personal property used for residential purposes of such |
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28 | | - | taxpayer that is the taxpayer's principal place of residence for the tax |
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29 | | - | year in which the tax credit is claimed. |
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30 | | - | (c) The amount of any such credit for any such taxpayer shall not |
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31 | | - | exceed the amount of property and ad valorem taxes paid by such |
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32 | | - | taxpayer as specified in this section. A taxpayer shall not take the credit |
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33 | | - | pursuant to this section if such taxpayer has received a homestead |
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34 | | - | property tax refund pursuant to K.S.A. 79-4501 et seq., and |
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35 | | - | amendments thereto, or a credit pursuant to the selective assistance for |
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36 | | - | effective senior relief pursuant to K.S.A. 79-32,263, and amendments |
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37 | | - | thereto, for such property for such tax year. |
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38 | | - | (d) Subject to the provisions of this section, if the amount of such |
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39 | | - | tax credit exceeds the taxpayer's income tax liability for the taxable |
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40 | | - | year, the amount of such excess credit that exceeds such tax liability |
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41 | | - | shall be refunded to the taxpayer. |
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42 | | - | (e) The secretary of revenue shall adopt rules and regulations |
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43 | | - | regarding the filing of documents that support the amount of the credit |
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44 | | - | claimed pursuant to this section. |
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45 | | - | (f) The provisions of this act shall be a part of and supplemental to |
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46 | | - | the homestead property tax refund act, except that the income or |
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47 | | - | appraised valuation limits set forth in the homestead property tax |
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48 | | - | refund act shall not apply to this section. |
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49 | | - | New Sec. 2. (a) The owner of any real property and personal |
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50 | | - | property owned and operated by a business in the state of Kansas that is |
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51 | | - | used by the business predominantly for child care center, health club or |
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52 | | - | restaurant purposes and is located within the taxing jurisdiction of a |
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53 | | - | governmental entity where there is at least one facility owned or |
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54 | | - | operated by such governmental entity that competes against the |
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55 | | - | business and such competing facility owned or operated by the |
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56 | | - | governmental entity is exempt from property or ad valorem taxes levied |
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57 | | - | under any laws of the state of Kansas may make application to such |
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58 | | - | governmental entity for a rebate in an amount equal to the amount of ad |
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59 | | - | valorem property tax levied by such competing governmental entity |
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60 | | - | upon such property for the tax year during which such competition |
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61 | | - | occurred. The rebate shall only be granted if such competing activity by |
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62 | | - | the governmental entity began after the business claiming the rebate |
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63 | | - | began using the real and personal property for a qualifying purpose |
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64 | | - | pursuant to this section. |
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65 | | - | (b) To be eligible for the rebate authorized by this section, the |
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66 | | - | business owning and operating the described property herein shall be in |
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67 | | - | compliance with state law, city ordinances and county resolutions and |
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68 | | - | shall be current in the payment of state and local taxes. HOUSE BILL No. 2096—page 2 |
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69 | | - | (c) The owner requesting a rebate pursuant to this section shall be |
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70 | | - | required to submit an application with any supporting documentation to |
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71 | | - | the governing body of such governmental entity on or before December |
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72 | | - | 20 of the year following the tax year at issue. |
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73 | | - | (d) If the governing body of the governmental entity determines |
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74 | | - | that the owner is eligible for such rebate, such governmental entity |
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75 | | - | shall provide the rebate from the general fund of such governmental |
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76 | | - | entity. |
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77 | | - | (e) If the governing body of the governmental entity determines |
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78 | | - | that the owner is not eligible for such rebate, the governing body shall |
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79 | | - | provide a written final decision to the owner. The owner may appeal |
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80 | | - | such final decision to the state board of tax appeals within 30 days after |
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81 | | - | service of the final decision. |
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82 | | - | (f) For purposes of this section: |
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83 | | - | (1) "Competes against the business" means offering the same or |
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84 | | - | substantially the same goods or services to the public and receiving any |
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85 | | - | payment for those goods or services at least |
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| 12 | + | Section 1. K.S.A. 12-2624 is hereby amended to read as follows: 12- |
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| 13 | + | 2624. In addition to the fees required to be paid in K.S.A. 12-2622 12- |
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| 14 | + | 2623, and amendments thereto, and as a condition precedent to the |
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| 15 | + | continuation of the certificate of authority provided in this act, all group- |
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| 16 | + | funded pools shall pay no not later than 90 days after the end of each fiscal |
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| 17 | + | calendar year a tax upon the annual Kansas gross premium collected by |
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| 18 | + | the pool at the rate of 1% per annum applied to the collective premium |
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| 19 | + | relating to all Kansas members of the pool for the preceding fiscal |
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| 20 | + | calendar year. In the computation of the tax, all pools shall be entitled to |
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| 21 | + | deduct any annual Kansas gross premiums returned on account of |
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| 22 | + | cancellation or dividends returned to members of such pools or |
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| 23 | + | expenditures used for the purchase of specific and aggregate excess |
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| 24 | + | insurance, as provided in subsection (h) of K.S.A. 12-2618(h), and |
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| 25 | + | amendments thereto. |
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| 26 | + | Sec. 2. K.S.A. 44-588 is hereby amended to read as follows: 44-588. |
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| 27 | + | In addition to the fees required to be paid in K.S.A. 44-587, and |
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| 28 | + | amendments thereto, and as a condition precedent to the continuation of |
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| 29 | + | the certificate of authority provided in this act, all group-funded workers' |
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| 30 | + | compensation funds shall pay no not later than 90 days after the end of |
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| 31 | + | each fiscal calendar year a tax upon the annual Kansas gross premium |
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| 32 | + | collected by the pool at the rate of 1% per annum applied to the collective |
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| 33 | + | premium relating to all Kansas members of the pool for the preceding |
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| 34 | + | fiscal calendar year. In the computation of the tax, all pools shall be |
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| 35 | + | entitled to deduct any annual Kansas gross premiums returned on account |
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| 36 | + | of cancellation or dividends returned to members of such pools or |
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| 37 | + | expenditures used for the purchase of specific and aggregate excess |
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| 38 | + | insurance, as provided in subsection (a) of K.S.A. 44-582(a), and |
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| 39 | + | amendments thereto. |
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87 | | - | /2 the number of days per |
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88 | | - | tax year as the business claiming the rebate and such facility owned or |
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89 | | - | operated by a governmental entity is used for the predominant purpose |
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90 | | - | of a child care center, health club or restaurant and is located within the |
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91 | | - | same city as or within five miles of the real property and personal |
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92 | | - | property owned and operated by the business. "Competes against the |
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93 | | - | business" does not include providing such goods or services without |
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94 | | - | receiving payment for those goods or services or providing such goods |
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95 | | - | or services predominantly to its own employees or students. "Competes |
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96 | | - | against the business" does not include restaurants used for educational |
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97 | | - | purposes. |
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98 | | - | (2) "Governmental entity" means any county or city. Any facility |
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99 | | - | owned or operated by a governmental entity that is to be funded as a |
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100 | | - | result of an election where voters of the governmental entity are asked |
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101 | | - | to approve the imposition of a tax or other funding for the facility, its |
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102 | | - | operations or the repayment of bonds related to such facility shall |
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103 | | - | include in the description of the ballot proposition that such |
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104 | | - | governmental facility may compete against businesses and cause |
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105 | | - | private business to be eligible for a rebate. |
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106 | | - | (3) "Predominant purpose" means the primary reason individuals |
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107 | | - | attend a facility owned or operated by a governmental entity and is not |
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108 | | - | merely incidental to the operation of the facility. The provision of food |
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109 | | - | at a facility owned or operated by a governmental entity shall not alone |
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110 | | - | constitute the predominate purpose of a facility if the predominate |
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111 | | - | purpose of the entire facility operates for reasons beyond restaurant |
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112 | | - | purposes. |
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113 | | - | (4) "Real property and personal property owned and operated by a |
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114 | | - | business" means any real property and personal property where the |
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115 | | - | owner of the property is a business enterprise that operates the business |
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116 | | - | and collects the payment of a fee entitling the buyer to use the facility |
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117 | | - | or sells goods or services to the buyer and such owner of the property |
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118 | | - | and operator of the business enterprise are the same business entity, a |
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119 | | - | parent or subsidiary of the same business entity or have any direct or |
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120 | | - | indirect common ownership. |
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121 | | - | (g) The provisions of this section shall be applicable for tax years |
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122 | | - | commencing after December 31, 2024. |
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123 | | - | New Sec. 3. (a) The following described property, to the extent |
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124 | | - | herein specified, is hereby exempt from all property or ad valorem |
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125 | | - | taxes levied under the laws of the state of Kansas: |
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126 | | - | (1) Any off-road vehicle that is not operated upon any highway; |
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127 | | - | (2) any motorized bicycle, electric-assisted bicycle, electric- |
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128 | | - | assisted scooter, electric personal assistive mobility device and |
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129 | | - | motorized wheelchair as such terms are defined in K.S.A. 8-126, and HOUSE BILL No. 2096—page 3 |
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130 | | - | amendments thereto; |
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131 | | - | (3) any trailer having a gross weight of 15,000 pounds or less that |
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132 | | - | is used exclusively for personal use and not for the production of |
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133 | | - | income; and |
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134 | | - | (4) any marine equipment. |
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135 | | - | (b) For purposes of this section: |
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136 | | - | (1) "Marine equipment" means any watercraft trailer designed to |
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137 | | - | launch, retrieve, transport and store watercraft and any watercraft motor |
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138 | | - | designed to operate watercraft on the water; |
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139 | | - | (2) "off-road motorcycle" means any motorcycle as defined in |
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140 | | - | K.S.A. 8-126, and amendments thereto, that has been manufactured for |
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141 | | - | off-road use only and is used exclusively off roads and highways; and |
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142 | | - | (3) "off-road vehicle" means: |
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143 | | - | (A) Any all-terrain vehicle, recreational off-highway vehicle and |
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144 | | - | golf cart as such terms are defined in K.S.A. 8-126, and amendments |
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145 | | - | thereto; and |
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146 | | - | (B) any off-road motorcycle and snowmobile. |
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147 | | - | (c) The provisions of this section shall apply to all taxable years |
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148 | | - | commencing after December 31, 2024. |
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149 | | - | Sec. 4. K.S.A. 79-213 is hereby amended to read as follows: 79- |
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150 | | - | 213. (a) Any property owner requesting an exemption from the |
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151 | | - | payment of ad valorem property taxes assessed, or to be assessed, |
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152 | | - | against their property shall be required to file an initial request for |
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153 | | - | exemption, on forms approved by the state board of tax appeals and |
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154 | | - | provided by the county appraiser. |
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155 | | - | (b) The initial exemption request shall identify the property for |
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156 | | - | which the exemption is requested and state, in detail, the legal and |
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157 | | - | factual basis for the exemption claimed. |
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158 | | - | (c) The request for exemption shall be filed with the county |
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159 | | - | appraiser of the county where such property is principally located. |
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160 | | - | (d) After a review of the exemption request, and after a |
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161 | | - | preliminary examination of the facts as alleged, the county appraiser |
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162 | | - | shall recommend that the exemption request either be granted or |
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163 | | - | denied, and, if necessary, that a hearing be held. If a denial is |
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164 | | - | recommended, a statement of the controlling facts and law relied upon |
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165 | | - | shall be included on the form. |
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166 | | - | (e) The county appraiser, after making such written |
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167 | | - | recommendation, shall file the request for exemption and the |
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168 | | - | recommendations of the county appraiser with the state board of tax |
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169 | | - | appeals. With regard to a request for exemption from property tax |
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170 | | - | pursuant to the provisions of K.S.A. 79-201g and 82a-409, and |
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171 | | - | amendments thereto, not filed with the board of tax appeals by the |
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172 | | - | county appraiser on or before the effective date of this act, if the county |
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173 | | - | appraiser recommends the exemption request be granted, the exemption |
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174 | | - | shall be provided in the amount recommended by the county appraiser |
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175 | | - | and the county appraiser shall not file the request for exemption and |
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176 | | - | recommendations of the county appraiser with the state board of tax |
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177 | | - | appeals. The county clerk or county assessor shall annually make such |
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178 | | - | adjustment in the taxes levied against the real property as the owner |
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179 | | - | may be entitled to receive under the provisions of K.S.A. 79-201g, and |
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180 | | - | amendments thereto, as recommended by the county appraiser, |
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181 | | - | beginning with the first period, following the date of issue of the |
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182 | | - | certificate of completion on which taxes are regularly levied, and |
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183 | | - | during the years which the landowner is entitled to such adjustment. |
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184 | | - | (f) Upon receipt of the request for exemption, the board shall |
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185 | | - | docket the same and notify the applicant and the county appraiser of |
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186 | | - | such fact. |
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187 | | - | (g) After examination of the request for exemption and the county |
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188 | | - | appraiser's recommendation related thereto, the board may fix a time HOUSE BILL No. 2096—page 4 |
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189 | | - | and place for hearing, and shall notify the applicant and the county |
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190 | | - | appraiser of the time and place so fixed. A request for exemption |
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191 | | - | pursuant to: (1) Section 13 of article 11 of the constitution of the state |
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192 | | - | of Kansas; or (2) K.S.A. 79-201a Second, and amendments thereto, for |
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193 | | - | property constructed or purchased, in whole or in part, with the |
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194 | | - | proceeds of revenue bonds under the authority of K.S.A. 12-1740 |
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195 | | - | through 12-1749, and amendments thereto, prepared in accordance with |
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196 | | - | instructions and assistance which shall be provided by the department |
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197 | | - | of commerce, shall be deemed approved unless scheduled for hearing |
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198 | | - | within 30 days after the date of receipt of all required information and |
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199 | | - | data relating to the request for exemption, and such hearing shall be |
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200 | | - | conducted within 90 days after such date. Such time periods shall be |
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201 | | - | determined without regard to any extension or continuance allowed to |
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202 | | - | either party to such request. In any case where a party to such request |
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203 | | - | for exemption requests a hearing thereon, the same shall be granted. |
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204 | | - | Hearings shall be conducted in accordance with the provisions of the |
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205 | | - | Kansas administrative procedure act. In all instances where the board |
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206 | | - | sets a request for exemption for hearing, the county shall be represented |
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207 | | - | by its county attorney or county counselor. |
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208 | | - | (h) Except as otherwise provided by subsection (g), in the event of |
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209 | | - | a hearing, the same shall be originally set not later than 90 days after |
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210 | | - | the filing of the request for exemption with the board. |
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211 | | - | (i) During the pendency of a request for exemption, no person, |
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212 | | - | firm, unincorporated association, company or corporation charged with |
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213 | | - | real estate or personal property taxes pursuant to K.S.A. 79-2004 and |
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214 | | - | 79-2004a, and amendments thereto, on the tax books in the hands of the |
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215 | | - | county treasurer shall be required to pay the tax from the date the |
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216 | | - | request is filed with the county appraiser until the expiration of 30 days |
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217 | | - | after the board issued its order thereon and the same becomes a final |
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218 | | - | order. In the event that taxes have been assessed against the subject |
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219 | | - | property, no interest shall accrue on any unpaid tax for the year or years |
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220 | | - | in question nor shall the unpaid tax be considered delinquent from the |
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221 | | - | date the request is filed with the county appraiser until the expiration of |
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222 | | - | 30 days after the board issued its order thereon. In the event the board |
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223 | | - | determines an application for exemption is without merit and filed in |
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224 | | - | bad faith to delay the due date of the tax, the tax shall be considered |
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225 | | - | delinquent as of the date the tax would have been due pursuant to |
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226 | | - | K.S.A. 79-2004 and 79-2004a, and amendments thereto, and interest |
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227 | | - | shall accrue as prescribed therein. |
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228 | | - | (j) In the event the board grants the initial request for exemption, |
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229 | | - | the same shall be effective beginning with the date of first exempt use |
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230 | | - | except that, with respect to property the construction of which |
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231 | | - | commenced not to exceed 24 months prior to the date of first exempt |
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232 | | - | use, the same shall be effective beginning with the date of |
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233 | | - | commencement of construction. |
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234 | | - | (k) In conjunction with its authority to grant exemptions, the board |
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235 | | - | shall have the authority to abate all unpaid taxes that have accrued from |
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236 | | - | and since the effective date of the exemption. In the event that taxes |
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237 | | - | have been paid during the period where the subject property has been |
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238 | | - | determined to be exempt, the board shall have the authority to order a |
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239 | | - | refund of taxes for the year immediately preceding the year in which |
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240 | | - | the exemption application is filed in accordance with subsection (a). |
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241 | | - | (l) The provisions of this section shall not apply to: (1) Farm |
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242 | | - | machinery and equipment exempted from ad valorem taxation by |
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243 | | - | K.S.A. 79-201j, and amendments thereto; (2) personal property |
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244 | | - | exempted from ad valorem taxation by K.S.A. 79-215, and |
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245 | | - | amendments thereto; (3) wearing apparel, household goods and |
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246 | | - | personal effects exempted from ad valorem taxation by K.S.A. 79- |
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247 | | - | 201c, and amendments thereto; (4) livestock; (5) all property exempted HOUSE BILL No. 2096—page 5 |
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248 | | - | from ad valorem taxation by K.S.A. 79-201d, and amendments thereto; |
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249 | | - | (6) merchants' and manufacturers' inventories exempted from ad |
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250 | | - | valorem taxation by K.S.A. 79-201m, and amendments thereto; (7) |
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251 | | - | grain exempted from ad valorem taxation by K.S.A. 79-201n, and |
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252 | | - | amendments thereto; (8) property exempted from ad valorem taxation |
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253 | | - | by K.S.A. 79-201a Seventeenth, and amendments thereto, including all |
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254 | | - | property previously acquired by the secretary of transportation or a |
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255 | | - | predecessor in interest, which is used in the administration, |
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256 | | - | construction, maintenance or operation of the state system of highways. |
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257 | | - | The secretary of transportation shall at the time of acquisition of |
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258 | | - | property notify the county appraiser in the county in which the property |
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259 | | - | is located that the acquisition occurred and provide a legal description |
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260 | | - | of the property acquired; (9) property exempted from ad valorem |
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261 | | - | taxation by K.S.A. 79-201a Ninth, and amendments thereto, including |
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262 | | - | all property previously acquired by the Kansas turnpike authority |
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263 | | - | which is used in the administration, construction, maintenance or |
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264 | | - | operation of the Kansas turnpike. The Kansas turnpike authority shall at |
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265 | | - | the time of acquisition of property notify the county appraiser in the |
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266 | | - | county in which the property is located that the acquisition occurred |
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267 | | - | and provide a legal description of the property acquired; (10) |
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268 | | - | aquaculture machinery and equipment exempted from ad valorem |
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269 | | - | taxation by K.S.A. 79-201j, and amendments thereto. As used in this |
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270 | | - | section, "aquaculture" has the same meaning ascribed thereto by K.S.A. |
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271 | | - | 47-1901, and amendments thereto; (11) Christmas tree machinery and |
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272 | | - | equipment exempted from ad valorem taxation by K.S.A. 79-201j, and |
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273 | | - | amendments thereto; (12) property used exclusively by the state or any |
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274 | | - | municipality or political subdivision of the state for right-of-way |
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275 | | - | purposes. The state agency or the governing body of the municipality |
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276 | | - | or political subdivision shall at the time of acquisition of property for |
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277 | | - | right-of-way purposes notify the county appraiser in the county in |
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278 | | - | which the property is located that the acquisition occurred and provide |
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279 | | - | a legal description of the property acquired; (13) machinery, equipment, |
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280 | | - | materials and supplies exempted from ad valorem taxation by K.S.A. |
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281 | | - | 79-201w, and amendments thereto; (14) vehicles owned by the state or |
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282 | | - | by any political or taxing subdivision thereof and used exclusively for |
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283 | | - | governmental purposes; (15) property used for residential purposes |
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284 | | - | which is exempted pursuant to K.S.A. 79-201x, and amendments |
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285 | | - | thereto, from the property tax levied pursuant to K.S.A. 72-5142, and |
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286 | | - | amendments thereto; (16) from and after July 1, 1998, vehicles which |
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287 | | - | are owned by an organization having as one of its purposes the |
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288 | | - | assistance by the provision of transit services to the elderly and to |
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289 | | - | disabled persons and which are exempted pursuant to K.S.A. 79-201 |
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290 | | - | Ninth, and amendments thereto; (17) from and after July 1, 1998, motor |
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291 | | - | vehicles exempted from taxation by K.S.A. 79-5107(e), and |
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292 | | - | amendments thereto; (18) commercial and industrial machinery and |
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293 | | - | equipment exempted from property or ad valorem taxation by K.S.A. |
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294 | | - | 79-223, and amendments thereto; (19) telecommunications machinery |
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295 | | - | and equipment and railroad machinery and equipment exempted from |
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296 | | - | property or ad valorem taxation by K.S.A. 79-224, and amendments |
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297 | | - | thereto; (20) property exempted from property or ad valorem taxation |
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298 | | - | by K.S.A. 79-234, and amendments thereto; (21) recreational vehicles |
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299 | | - | exempted from property or ad valorem taxation by K.S.A. 79-5121(e), |
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300 | | - | and amendments thereto; (22) property acquired by a land bank exempt |
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301 | | - | from property or ad valorem taxation pursuant to K.S.A. 12-5909 or |
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302 | | - | K.S.A. 19-26,111, and amendments thereto; and (23) property |
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303 | | - | belonging exclusively to the United States and exempted from ad |
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304 | | - | valorem taxation by K.S.A. 79-201a First, and amendments thereto, |
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305 | | - | except that the provisions of this subsection (l)(23) shall not apply to |
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306 | | - | any such property that the congress of the United States has expressly HOUSE BILL No. 2096—page 6 |
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307 | | - | declared to be subject to state and local taxation; (24) watercraft |
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308 | | - | exempted from property or ad valorem taxation by K.S.A. 79-5501, and |
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309 | | - | amendments thereto; and (25) property exempted from property or ad |
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310 | | - | valorem taxation by section 3, and amendments thereto. |
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311 | | - | (m) The provisions of this section shall apply to property exempt |
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312 | | - | pursuant to the provisions of section 13 of article 11 of the constitution |
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313 | | - | of the state of Kansas. |
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314 | | - | (n) The provisions of subsection (k) as amended by this act shall |
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315 | | - | be applicable to all exemption applications filed in accordance with |
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316 | | - | subsection (a) after December 31, 2001. |
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317 | | - | (o) No exemption authorized by K.S.A. 79-227, and amendments |
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318 | | - | thereto, of property from the payment of ad valorem property taxes |
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319 | | - | assessed shall be granted unless the requesting property owner files an |
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320 | | - | initial request for exemption pursuant to this section within two years |
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321 | | - | of the date in which construction of a new qualifying pipeline property |
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322 | | - | began. The provisions of this subsection shall be applicable to all |
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323 | | - | requests for exemptions filed in accordance with subsection (a) after |
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324 | | - | June 30, 2017. |
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325 | | - | Sec. 5. K.S.A. 79-503a is hereby amended to read as follows: 79- |
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326 | | - | 503a. "Fair market value" means the amount in terms of money that a |
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327 | | - | well informed buyer is justified in paying and a well informed seller is |
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328 | | - | justified in accepting for property in an open and competitive market, |
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329 | | - | assuming that the parties are acting without undue compulsion. In the |
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330 | | - | determination of fair market value of any real property which is subject |
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331 | | - | to any special assessment, such value shall not be determined by adding |
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332 | | - | the present value of the special assessment to the sales price. For the |
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333 | | - | purposes of this definition it will be assumed that consummation of a |
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334 | | - | sale occurs as of January 1. |
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335 | | - | Sales in and of themselves shall not be the sole criteria of fair |
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336 | | - | market value but shall be used in connection with cost, income and |
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337 | | - | other factors including but not by way of exclusion: |
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338 | | - | (a) The proper classification of lands and improvements; |
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339 | | - | (b) the size thereof; |
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340 | | - | (c) the effect of location on value; |
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341 | | - | (d) depreciation, including physical deterioration or functional, |
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342 | | - | economic or social obsolescence; |
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343 | | - | (e) cost of reproduction of improvements; |
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344 | | - | (f) productivity taking into account all restrictions imposed by the |
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345 | | - | state or federal government and local governing bodies, including, but |
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346 | | - | not limited to, restrictions on property rented or leased to low income |
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347 | | - | individuals and families as authorized by section 42 of the federal |
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348 | | - | internal revenue code of 1986, as amended; |
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349 | | - | (g) earning capacity as indicated by lease price, by capitalization |
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350 | | - | of net income or by absorption or sell-out period; |
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351 | | - | (h) rental or reasonable rental values or rental values restricted by |
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352 | | - | the state or federal government or local governing bodies, including, |
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353 | | - | but not limited to, restrictions on property rented or leased to low |
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354 | | - | income individuals and families, as authorized by section 42 of the |
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355 | | - | federal internal revenue code of 1986, as amended; |
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356 | | - | (i) sale value on open market with due allowance to abnormal |
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357 | | - | inflationary factors influencing such values; |
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358 | | - | (j) restrictions or requirements imposed upon the use of real estate |
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359 | | - | by the state or federal government or local governing bodies, including |
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360 | | - | zoning and planning boards or commissions, and including, but not |
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361 | | - | limited to, restrictions or requirements imposed upon the use of real |
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362 | | - | estate rented or leased to low income individuals and families, as |
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363 | | - | authorized by section 42 of the federal internal revenue code of 1986, |
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364 | | - | as amended; and |
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365 | | - | (k) comparison with values of other property of known or HOUSE BILL No. 2096—page 7 |
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366 | | - | recognized value. The assessment-sales ratio study shall not be used as |
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367 | | - | an appraisal for appraisal purposes. |
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368 | | - | The appraisal process utilized in the valuation of all real and |
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369 | | - | tangible personal property for ad valorem tax purposes shall conform to |
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370 | | - | generally accepted appraisal procedures and standards which are |
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371 | | - | consistent with the definition of fair market value unless otherwise |
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372 | | - | specified by law. |
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373 | | - | The sale price or value at which a property sells or transfers |
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374 | | - | ownership in a federal internal revenue code section 1031 exchange |
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375 | | - | shall not be considered an indicator of fair market value nor as a |
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376 | | - | factor in arriving at fair market value. Federal internal revenue code |
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377 | | - | section 1031 exchange transactions shall not be used as comparable |
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378 | | - | sales for valuation purposes nor as valid sales for purposes of sales |
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379 | | - | ratio studies conducted pursuant to K.S.A. 79-1485 et seq., and |
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380 | | - | amendments thereto. |
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381 | | - | Sec. 6. K.S.A. 2023 Supp. 79-1460 is hereby amended to read as |
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382 | | - | follows: 79-1460. (a) The county appraiser shall notify each taxpayer in |
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383 | | - | the county annually on or before March 1 for real property and May 1 |
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384 | | - | for personal property, by mail directed to the taxpayer's last known |
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385 | | - | address, of the classification and appraised valuation of the taxpayer's |
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386 | | - | property, except that, the valuation for all real property shall not be |
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387 | | - | increased unless the record of the latest physical inspection was |
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388 | | - | reviewed by the county or district appraiser, and documentation exists |
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389 | | - | to support such increase in valuation in compliance with the directives |
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390 | | - | and specifications of the director of property valuation, and such record |
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391 | | - | and documentation is available to the affected taxpayer. Alternatively, |
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392 | | - | the county appraiser may transmit the classification and appraised |
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393 | | - | valuation to the taxpayer by electronic means if such taxpayer |
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394 | | - | consented to service by electronic means. |
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395 | | - | (b) The valuation for all real property also shall not be increased |
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396 | | - | solely as the result of normal repair, replacement or maintenance of |
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397 | | - | existing structures, equipment or improvements on the property. For the |
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398 | | - | next two taxable years following the taxable year that the valuation for |
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399 | | - | commercial real property has been reduced due to a final determination |
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400 | | - | made pursuant to the valuation appeals process, the county appraiser |
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401 | | - | shall review the computer-assisted mass-appraisal of the property and |
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402 | | - | if, the valuation in either of those two years exceeds the value of the |
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403 | | - | previous year by more than 5%, excluding new construction, change in |
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404 | | - | use or change in classification, the county appraiser shall either: |
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405 | | - | (1) Adjust the valuation of the property based on the information |
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406 | | - | provided in the previous appeal; or |
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407 | | - | (2) order an independent fee simple appraisal of the property to be |
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408 | | - | performed by a Kansas certified real property appraiser. |
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409 | | - | (c) When the valuation for real property has been reduced due to a |
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410 | | - | final determination made pursuant to the valuation appeals process for |
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411 | | - | the prior year, and the county appraiser has already certified the |
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412 | | - | appraisal rolls for the current year to the county clerk pursuant to |
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413 | | - | K.S.A. 79-1466, and amendments thereto, the county appraiser may |
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414 | | - | amend the appraisal rolls and certify the changes to the county clerk to |
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415 | | - | implement the provisions of this subsection and reduce the valuation of |
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416 | | - | the real property to the prior year's final determination, except that such |
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417 | | - | changes shall not be made after October 31 of the current year. |
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418 | | - | (d) (1) The notice provided under subsection (a) shall specify: |
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419 | | - | (A) Separately for the previous tax year and the current tax year, |
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420 | | - | the appraised and assessed values for each property class identified on |
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421 | | - | the parcel; |
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422 | | - | (B) the uniform parcel identification number prescribed by the |
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423 | | - | director of property valuation; and |
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424 | | - | (C) a statement of the taxpayer's right to appeal, the procedure to HOUSE BILL No. 2096—page 8 |
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425 | | - | be followed in making such appeal and the availability without charge |
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426 | | - | of the guide devised pursuant to subsection (g); and |
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427 | | - | (D) a valuation history of the parcel that includes, at a minimum, |
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428 | | - | a statement or display of the total appraised values of the parcel for the |
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429 | | - | current tax year and the previous four tax years. |
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430 | | - | (2) Such notice may, and if the board of county commissioners so |
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431 | | - | require, shall provide the parcel identification number, address and the |
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432 | | - | sale date and amount of any or all sales utilized in the determination of |
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433 | | - | appraised value of residential real property. |
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434 | | - | (e) In any year in which no change in appraised valuation of any |
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435 | | - | real property from its appraised valuation in the next preceding year is |
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436 | | - | determined, an alternative form of notification which has been |
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437 | | - | approved by the director of property valuation may be utilized by a |
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438 | | - | county. |
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439 | | - | (f) Failure to timely mail or receive such notice shall in no way |
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440 | | - | invalidate the classification or appraised valuation as changed. The |
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441 | | - | secretary of revenue shall adopt rules and regulations necessary to |
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442 | | - | implement the provisions of this section. |
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443 | | - | (g) There shall be provided to each taxpayer, upon request, a guide |
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444 | | - | to the property tax appeals process. The director of the division of |
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445 | | - | property valuation shall devise and publish such guide and shall |
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446 | | - | provide sufficient copies thereof to all county appraisers. Such guide |
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447 | | - | shall include, but not be limited to: |
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448 | | - | (1) A restatement of the law which pertains to the process and |
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449 | | - | practice of property appraisal methodology, including the contents of |
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450 | | - | K.S.A. 79-503a and 79-1460, and amendments thereto; |
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451 | | - | (2) the procedures of the appeals process, including the order and |
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452 | | - | burden of proof of each party and time frames required by law; and |
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453 | | - | (3) such other information deemed necessary to educate and |
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454 | | - | enable a taxpayer to properly and competently pursue an appraisal |
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455 | | - | appeal. |
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456 | | - | (h) As used in this section: |
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457 | | - | (1) "New construction" means the construction of any new |
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458 | | - | structure or improvements or the remodeling or renovation of any |
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459 | | - | existing structures or improvements on real property. |
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460 | | - | (2) "Normal repair, replacement or maintenance" does not include |
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461 | | - | new construction. |
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462 | | - | (3) "Taxpayer" means the person in ownership of the property as |
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463 | | - | indicated on the records of the office of register of deeds or county |
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464 | | - | clerk and includes the lessee of such property if the lease agreement has |
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465 | | - | been recorded or filed in the office of the register of deeds and the real |
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466 | | - | property or improvement thereon is subject of a lease agreement. |
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467 | | - | Sec. 7. K.S.A. 2023 Supp. 79-2005 is hereby amended to read as |
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468 | | - | follows: 79-2005. (a) Any taxpayer, before protesting the payment of |
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469 | | - | such taxpayer's taxes, shall be required, either at the time of paying |
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470 | | - | such taxes, or, if the whole or part of the taxes are paid prior to |
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471 | | - | December 20, no later than December 20, or, with respect to taxes paid |
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472 | | - | in whole or in part in an amount equal to at least |
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| 75 | + | 36 HB 2096 2 |
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| 76 | + | Sec. 3. K.S.A. 12-2624 and 44-588 are hereby repealed. |
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| 77 | + | Sec. 4. This act shall take effect and be in force from and after its |
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| 78 | + | publication in the statute book. |
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474 | | - | /2 of such taxes on or |
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475 | | - | before December 20 by an escrow or tax service agent, no later than |
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476 | | - | January 31 of the next year, to file a written statement with the county |
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477 | | - | treasurer, on forms approved by the state board of tax appeals and |
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478 | | - | provided by the county treasurer, clearly stating the grounds on which |
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479 | | - | the whole or any part of such taxes are protested and citing any law, |
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480 | | - | statute or facts on which such taxpayer relies in protesting the whole or |
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481 | | - | any part of such taxes. When the grounds of such protest is an |
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482 | | - | assessment of taxes made pursuant to K.S.A. 79-332a and 79-1427a, |
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483 | | - | and amendments thereto, the county treasurer may not distribute the |
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484 | | - | taxes paid under protest until such time as the appeal is final. When the |
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485 | | - | grounds of such protest is that the valuation or assessment of the HOUSE BILL No. 2096—page 9 |
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486 | | - | property upon which the taxes are levied is illegal or void, the county |
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487 | | - | treasurer shall forward a copy of the written statement of protest to the |
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488 | | - | county appraiser who shall within 15 days of the receipt thereof, |
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489 | | - | schedule an informal meeting with the taxpayer or such taxpayer's |
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490 | | - | agent or attorney with reference to the property in question. At the |
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491 | | - | informal meeting, it shall be the duty of the county appraiser or the |
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492 | | - | county appraiser's designee to initiate production of evidence to |
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493 | | - | substantiate the valuation of such property, including a summary of the |
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494 | | - | reasons that the valuation of the property has been increased over the |
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495 | | - | preceding year, any assumptions used by the county appraiser to |
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496 | | - | determine the value of the property and a description of the individual |
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497 | | - | property characteristics, property specific valuation records and |
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498 | | - | conclusions. The taxpayer shall be provided with the opportunity to |
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499 | | - | review the data sheets applicable to the valuation approach utilized for |
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500 | | - | the subject property. The county appraiser shall take into account any |
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501 | | - | evidence provided by the taxpayer which relates to the amount of |
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502 | | - | deferred maintenance and depreciation of the property. The county |
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503 | | - | appraiser shall review the appraisal of the taxpayer's property with the |
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504 | | - | taxpayer or such taxpayer's agent or attorney and may change the |
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505 | | - | valuation of the taxpayer's property, if in the county appraiser's opinion |
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506 | | - | a change in the valuation of the taxpayer's property is required to assure |
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507 | | - | that the taxpayer's property is valued according to law, and shall, within |
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508 | | - | 15 business days thereof, notify the taxpayer in the event the valuation |
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509 | | - | of the taxpayer's property is changed, in writing of the results of the |
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510 | | - | meeting. The county appraiser shall not increase the appraised |
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511 | | - | valuation of the property as a result of the informal meeting. In the |
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512 | | - | event the valuation of the taxpayer's property is changed and such |
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513 | | - | change requires a refund of taxes and interest thereon, the county |
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514 | | - | treasurer shall process the refund in the manner provided by subsection |
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515 | | - | (l). |
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516 | | - | (b) No protest appealing the valuation or assessment of property |
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517 | | - | shall be filed pertaining to any year's valuation or assessment when an |
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518 | | - | appeal of such valuation or assessment was commenced pursuant to |
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519 | | - | K.S.A. 79-1448, and amendments thereto, nor shall the second half |
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520 | | - | payment of taxes be protested when the first half payment of taxes has |
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521 | | - | been protested. Notwithstanding the foregoing, this provision shall not |
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522 | | - | prevent any subsequent owner from protesting taxes levied for the year |
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523 | | - | in which such property was acquired, nor shall it prevent any taxpayer |
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524 | | - | from protesting taxes when: |
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525 | | - | (1) The valuation or assessment of such taxpayer's property has |
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526 | | - | been changed pursuant to an order of the director of property valuation; |
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527 | | - | (2) the taxpayer withdrew such taxpayer's appeal commenced |
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528 | | - | pursuant to K.S.A. 79-1448, and amendments thereto; or |
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529 | | - | (3) the taxpayer wishes to present new evidence relating to the |
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530 | | - | valuation or assessment of such property. |
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531 | | - | (c) A protest shall not be necessary to protect the right to a refund |
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532 | | - | of taxes in the event a refund is required because the final resolution of |
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533 | | - | an appeal commenced pursuant to K.S.A. 79-1448, and amendments |
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534 | | - | thereto, occurs after the final date prescribed for the protest of taxes. |
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535 | | - | (d) If the grounds of such protest shall be that the valuation or |
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536 | | - | assessment of the property upon which the taxes so protested are levied |
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537 | | - | is illegal or void, such statement shall further state the exact amount of |
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538 | | - | valuation or assessment which the taxpayer admits to be valid and the |
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539 | | - | exact portion of such taxes which is being protested. |
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540 | | - | (e) If the grounds of such protest shall be that any tax levy, or any |
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541 | | - | part thereof, is illegal, such statement shall further state the exact |
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542 | | - | portion of such tax which is being protested. |
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543 | | - | (f) Upon the filing of a written statement of protest, the grounds of |
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544 | | - | which shall be that any tax levied, or any part thereof, is illegal, the HOUSE BILL No. 2096—page 10 |
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545 | | - | county treasurer shall mail a copy of such written statement of protest |
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546 | | - | to the state board of tax appeals and the governing body of the taxing |
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547 | | - | district making the levy being protested. |
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548 | | - | (g) Within 30 days after notification of the results of the informal |
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549 | | - | meeting with the county appraiser pursuant to subsection (a), the |
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550 | | - | protesting taxpayer may, if aggrieved by the results of the informal |
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551 | | - | meeting with the county appraiser, appeal such results to the state board |
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552 | | - | of tax appeals. |
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553 | | - | (h) After examination of the copy of the written statement of |
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554 | | - | protest and a copy of the written notification of the results of the |
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555 | | - | informal meeting with the county appraiser in cases where the grounds |
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556 | | - | of such protest is that the valuation or assessment of the property upon |
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557 | | - | which the taxes are levied is illegal or void, the board shall conduct a |
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558 | | - | hearing in accordance with the provisions of the Kansas administrative |
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559 | | - | procedure act, unless waived by the interested parties in writing. If the |
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560 | | - | grounds of such protest is that the valuation or assessment of the |
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561 | | - | property is illegal or void the board shall notify the county appraiser |
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562 | | - | thereof. |
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563 | | - | (i) In the event of a hearing, the same shall be originally set not |
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564 | | - | later than 90 days after the filing of the copy of the written statement of |
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565 | | - | protest and a copy, when applicable, of the written notification of the |
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566 | | - | results of the informal meeting with the county appraiser with the |
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567 | | - | board. With regard to any matter properly submitted to the board |
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568 | | - | relating to the determination of valuation of residential property or real |
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569 | | - | property used for commercial and industrial purposes for taxation |
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570 | | - | purposes, it shall be the duty of the county appraiser to initiate the |
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571 | | - | production of evidence to demonstrate, by a preponderance of the |
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572 | | - | evidence, the validity and correctness of such determination except that |
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573 | | - | no such duty shall accrue to the county or district appraiser with regard |
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574 | | - | to leased commercial and industrial property unless the property owner |
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575 | | - | has furnished to the county or district appraiser a complete income and |
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576 | | - | expense statement for the property for the three years next preceding |
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577 | | - | the year of appeal. No presumption shall exist in favor of the county |
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578 | | - | appraiser with respect to the validity and correctness of such |
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579 | | - | determination. In all instances where the board sets a request for |
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580 | | - | hearing and requires the representation of the county by its attorney or |
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581 | | - | counselor at such hearing, the county shall be represented by its county |
---|
582 | | - | attorney or counselor. The board shall take into account any evidence |
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583 | | - | provided by the taxpayer which relates to the amount of deferred |
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584 | | - | maintenance and depreciation for the property. In any appeal from the |
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585 | | - | reclassification of property that was classified as land devoted to |
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586 | | - | agricultural use for the preceding year, the taxpayer's classification of |
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587 | | - | the property as land devoted to agricultural use shall be presumed to be |
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588 | | - | valid and correct if the taxpayer provides an executed lease agreement |
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589 | | - | or other documentation demonstrating a commitment to use the |
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590 | | - | property for agricultural use, if no other actual use is evident. With |
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591 | | - | regard to any matter properly submitted to the board relating to the |
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592 | | - | determination of valuation of property for taxation purposes, the board |
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593 | | - | shall not increase the appraised valuation of the property to an amount |
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594 | | - | greater than the appraised value reflected in the notification of the |
---|
595 | | - | results of the informal meeting with the county appraiser from which |
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596 | | - | the taxpayer appealed. |
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597 | | - | (j) When a determination is made as to the merits of the tax |
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598 | | - | protest, the board shall render and serve its order thereon. The county |
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599 | | - | treasurer shall notify all affected taxing districts of the amount by |
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600 | | - | which tax revenues will be reduced as a result of a refund. |
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601 | | - | (k) If a protesting taxpayer fails to file a copy of the written |
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602 | | - | statement of protest and a copy, when applicable, of the written |
---|
603 | | - | notification of the results of the informal meeting with the county HOUSE BILL No. 2096—page 11 |
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604 | | - | appraiser with the board within the time limit prescribed, such protest |
---|
605 | | - | shall become null and void and of no effect whatsoever. |
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606 | | - | (l) (1) In the event the board orders that a refund be made pursuant |
---|
607 | | - | to this section or the provisions of K.S.A. 79-1609, and amendments |
---|
608 | | - | thereto, or a court of competent jurisdiction orders that a refund be |
---|
609 | | - | made, and no appeal is taken from such order, or in the event a change |
---|
610 | | - | in valuation which results in a refund pursuant to subsection (a), the |
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611 | | - | county treasurer shall, as soon thereafter as reasonably practicable, |
---|
612 | | - | refund to the taxpayer such protested taxes and, with respect to protests |
---|
613 | | - | or appeals commenced after the effective date of this act, interest |
---|
614 | | - | computed at the rate prescribed by K.S.A. 79-2968, and amendments |
---|
615 | | - | thereto, minus two percentage points, per annum from the date of |
---|
616 | | - | payment of such taxes from tax moneys collected but not distributed. |
---|
617 | | - | Upon making such refund, the county treasurer shall charge the fund or |
---|
618 | | - | funds having received such protested taxes, except that, with respect to |
---|
619 | | - | that portion of any such refund attributable to interest the county |
---|
620 | | - | treasurer shall charge the county general fund. In the event that the state |
---|
621 | | - | board of tax appeals or a court of competent jurisdiction finds that any |
---|
622 | | - | time delay in making its decision is unreasonable and is attributable to |
---|
623 | | - | the taxpayer, it may order that no interest or only a portion thereof be |
---|
624 | | - | added to such refund of taxes. |
---|
625 | | - | (2) No interest shall be allowed pursuant to paragraph (1) in any |
---|
626 | | - | case where the tax paid under protest was inclusive of delinquent taxes. |
---|
627 | | - | (m) Whenever, by reason of the refund of taxes previously |
---|
628 | | - | received or the reduction of taxes levied but not received as a result of |
---|
629 | | - | decreases in assessed valuation, it will be impossible to pay for |
---|
630 | | - | imperative functions for the current budget year, the governing body of |
---|
631 | | - | the taxing district affected may issue no-fund warrants in the amount |
---|
632 | | - | necessary. Such warrants shall conform to the requirements prescribed |
---|
633 | | - | by K.S.A. 79-2940, and amendments thereto, except they shall not bear |
---|
634 | | - | the notation required by such section and may be issued without the |
---|
635 | | - | approval of the state board of tax appeals. The governing body of such |
---|
636 | | - | taxing district shall make a tax levy at the time fixed for the |
---|
637 | | - | certification of tax levies to the county clerk next following the |
---|
638 | | - | issuance of such warrants sufficient to pay such warrants and the |
---|
639 | | - | interest thereon. All such tax levies shall be in addition to all other |
---|
640 | | - | levies authorized by law. |
---|
641 | | - | (n) Whenever a taxpayer appeals to the board of tax appeals |
---|
642 | | - | pursuant to the provisions of K.S.A. 79-1609, and amendments thereto, |
---|
643 | | - | or pays taxes under protest related to one property whereby the |
---|
644 | | - | assessed valuation of such property exceeds 5% of the total county |
---|
645 | | - | assessed valuation of all property located within such county and the |
---|
646 | | - | taxpayer receives a refund of such taxes paid under protest or a refund |
---|
647 | | - | made pursuant to the provisions of K.S.A. 79-1609, and amendments |
---|
648 | | - | thereto, the county treasurer or the governing body of any taxing |
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649 | | - | subdivision within a county may request the pooled money investment |
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650 | | - | board to make a loan to such county or taxing subdivision as provided |
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651 | | - | in this section. The pooled money investment board is authorized and |
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652 | | - | directed to loan to such county or taxing subdivision sufficient funds to |
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653 | | - | enable the county or taxing subdivision to refund such taxes to the |
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654 | | - | taxpayer. The pooled money investment board is authorized and |
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655 | | - | directed to use any moneys in the operating accounts, investment |
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656 | | - | accounts or other investments of the state of Kansas to provide the |
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657 | | - | funds for such loan. Each loan shall bear interest at a rate equal to the |
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658 | | - | net earnings rate of the pooled money investment portfolio at the time |
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659 | | - | of the making of such loan. The total aggregate amount of loans under |
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660 | | - | this program shall not exceed $50,000,000 of unencumbered funds |
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661 | | - | pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, |
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662 | | - | and amendments thereto. Such loan shall not be deemed to be an HOUSE BILL No. 2096—page 12 |
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663 | | - | indebtedness or debt of the state of Kansas within the meaning of |
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664 | | - | section 6 of article 11 of the constitution of the state of Kansas. Upon |
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665 | | - | certification to the pooled money investment board by the county |
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666 | | - | treasurer or governing body of the amount of each loan authorized |
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667 | | - | pursuant to this subsection, the pooled money investment board shall |
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668 | | - | transfer each such amount certified by the county treasurer or |
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669 | | - | governing body from the state bank account or accounts prescribed in |
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670 | | - | this subsection to the county treasurer who shall deposit such amount in |
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671 | | - | the county treasury. Any such loan authorized pursuant to this |
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672 | | - | subsection shall be repaid within four years. The county or taxing |
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673 | | - | subdivision shall make not more than four equal annual tax levies at the |
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674 | | - | time fixed for the certification of tax levies to the county clerk |
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675 | | - | following the making of such loan sufficient to pay such loan within |
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676 | | - | the time period required under such loan. All such tax levies shall be in |
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677 | | - | addition to all other levies authorized by law. |
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678 | | - | (o) The county treasurer shall disburse to the proper funds all |
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679 | | - | portions of taxes paid under protest and shall maintain a record of all |
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680 | | - | portions of such taxes which are so protested and shall notify the |
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681 | | - | governing body of the taxing district levying such taxes thereof and the |
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682 | | - | director of accounts and reports if any tax protested was levied by the |
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683 | | - | state. |
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684 | | - | (p) This statute shall not apply to the valuation and assessment of |
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685 | | - | property assessed by the director of property valuation and it shall not |
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686 | | - | be necessary for any owner of state assessed property, who has an |
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687 | | - | appeal pending before the state board of tax appeals, to protest the |
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688 | | - | payment of taxes under this statute solely for the purpose of protecting |
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689 | | - | the right to a refund of taxes paid under protest should that owner be |
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690 | | - | successful in that appeal. |
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691 | | - | Sec. 8. K.S.A. 79-32,111c is hereby amended to read as follows: |
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692 | | - | 79-32,111c. (a) There shall be allowed as a credit against the tax |
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693 | | - | liability of a resident individual imposed under the Kansas income tax |
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694 | | - | act an amount equal to 12.5% for tax year 2018; an amount equal to |
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695 | | - | 18.75% for tax year 2019; and an amount equal to 25% for tax year |
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696 | | - | years 2020 through 2023; and an amount equal to 100% for tax year |
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697 | | - | 2024, and all tax years thereafter, of the amount of the credit allowed |
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698 | | - | against such taxpayer's federal income tax liability pursuant to 26 |
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699 | | - | U.S.C. § 21 for the taxable year in which such credit was claimed |
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700 | | - | against the taxpayer's federal income tax liability. |
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701 | | - | (b) The credit allowed by subsection (a) shall not exceed the |
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702 | | - | amount of the tax imposed by K.S.A. 79-32,110, and amendments |
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703 | | - | thereto, reduced by the sum of any other credits allowable pursuant to |
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704 | | - | law. |
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705 | | - | (c) No credit provided under this section shall be allowed to any |
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706 | | - | individual who fails to provide a valid social security number issued by |
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707 | | - | the social security administration, to such individual, the individual's |
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708 | | - | spouse and every dependent of the individual. |
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709 | | - | Sec. 9. K.S.A. 2023 Supp. 79-4508a is hereby amended to read as |
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710 | | - | follows: 79-4508a. (a) For tax year 2022, and all tax years thereafter, |
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711 | | - | the amount of any claim pursuant to this section shall be computed by |
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712 | | - | deducting the claimant's base year ad valorem tax amount for the |
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713 | | - | homestead from the claimant's homestead ad valorem tax amount for |
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714 | | - | the tax year for which the refund is sought. This section shall be known |
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715 | | - | and may be cited as the homeowners' property tax freeze program. |
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716 | | - | (b) As used in this section: |
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717 | | - | (1) "Base year" means the year in which an individual becomes an |
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718 | | - | eligible claimant and who is also eligible for a claim for refund |
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719 | | - | pursuant to this section. For any individual who would otherwise be an |
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720 | | - | eligible claimant prior to 2021, such base year shall be deemed to be |
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721 | | - | 2021 for the purposes of this act. HOUSE BILL No. 2096—page 13 |
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722 | | - | (2) "Claimant" means a person who has filed a claim under the |
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723 | | - | provisions of this act and was, during the entire calendar year preceding |
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724 | | - | the year in which such claim was filed for refund under this act, except |
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725 | | - | as provided in K.S.A. 79-4503, and amendments thereto, both |
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726 | | - | domiciled in this state and was: (A) A person who is 65 years of age or |
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727 | | - | older; or (B) a disabled veteran. The surviving spouse of a person 65 |
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728 | | - | years of age or older or a disabled veteran who was receiving benefits |
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729 | | - | pursuant to this section at the time of the claimant's death shall be |
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730 | | - | eligible to continue to receive benefits until such time the surviving |
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731 | | - | spouse remarries. |
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732 | | - | (3) "Household income" means the total Kansas adjusted gross |
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733 | | - | income of all persons of a household in a calendar year while members |
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734 | | - | of such household excluding any amounts received as benefits under |
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735 | | - | the federal social security act that are included in Kansas adjusted |
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736 | | - | gross income of such persons. |
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737 | | - | (c) A claimant shall only be eligible for a claim for refund under |
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738 | | - | this section if: |
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739 | | - | (1) The claimant's household income for the year in which the |
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740 | | - | claim is filed is $50,000 $80,000 or less; and |
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741 | | - | (2) the appraised value of the claimant's homestead for the base |
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742 | | - | year is $350,000 $500,000 or less. |
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743 | | - | The provisions of K.S.A. 79-4522, and amendments thereto, shall |
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744 | | - | not apply to a claim pursuant to this section. In the case of all tax years |
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745 | | - | commencing after December 31, 2022, the upper limit household |
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746 | | - | income threshold amount prescribed in this subsection shall be |
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747 | | - | increased by an amount equal to such threshold amount multiplied by |
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748 | | - | the cost-of-living adjustment determined under section 1(f)(3) of the |
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749 | | - | federal internal revenue code for the calendar year in which the taxable |
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750 | | - | year commences. |
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751 | | - | (d) A taxpayer shall not be eligible for a homestead property tax |
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752 | | - | refund claim pursuant to this section if such taxpayer has received for |
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753 | | - | such property for such tax year either: (1) A homestead property tax |
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754 | | - | refund pursuant to K.S.A. 79-4508, and amendments thereto; or (2) the |
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755 | | - | selective assistance for effective senior relief (SAFESR) credit pursuant |
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756 | | - | to K.S.A. 79-32,263, and amendments thereto. |
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757 | | - | (e) The amount of any claim shall be computed to the nearest $1. |
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758 | | - | (f) The household income and appraised value amendments made |
---|
759 | | - | to this section by this act shall apply retroactively, and the deadline to |
---|
760 | | - | file claims for tax years 2022 and 2023 shall be extended to on or |
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761 | | - | before April 15, 2025. |
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762 | | - | (g) The provisions of this section shall be a part of and |
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763 | | - | supplemental to the homestead property tax refund act. |
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764 | | - | Sec. 10. K.S.A. 79-5501 is hereby amended to read as follows: 79- |
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765 | | - | 5501. (a) On and after Commencing July 1, 2013, and through |
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766 | | - | December 31, 2024, watercraft shall be appraised at fair market value |
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767 | | - | determined therefor pursuant to K.S.A. 79-503a, and amendments |
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768 | | - | thereto, and assessed at the percentage of value as follows: (1) 11.5% in |
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769 | | - | tax year 2014; and (2) 5% in tax year years 2015 and all tax years |
---|
770 | | - | thereafter through 2024. On and after January 1, 2014, the levy used to |
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771 | | - | calculate the tax on watercraft shall be the county average tax rate. In |
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772 | | - | no case shall the assessed value of any watercraft, as determined under |
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773 | | - | the provisions of this section, cause the tax upon such watercraft to be |
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774 | | - | less than $12. |
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775 | | - | (b) As used in this section, the term "watercraft" means any |
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776 | | - | watercraft designed to be propelled by machinery, oars, paddles or |
---|
777 | | - | wind action upon a sail for navigation on the water which, if not for the |
---|
778 | | - | provisions of this section, would be properly classified under subclass 5 |
---|
779 | | - | or 6 of class 2 of section 1 of article 11 of the Kansas constitution. This |
---|
780 | | - | section shall not be construed as taxing any watercraft which otherwise HOUSE BILL No. 2096—page 14 |
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781 | | - | would be exempt from property taxation under the laws of the state of |
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782 | | - | Kansas. Each watercraft may include one trailer which is designed to |
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783 | | - | launch, retrieve, transport and store such watercraft and any nonelectric |
---|
784 | | - | motor or motors which are necessary to operate such watercraft on the |
---|
785 | | - | water. |
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786 | | - | (c) Any watercraft which is designed to be propelled through the |
---|
787 | | - | water through human power alone shall be exempt from all property or |
---|
788 | | - | ad valorem taxes levied under the laws of the state of Kansas. |
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789 | | - | (d) The "county average tax rate" means the total amount of |
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790 | | - | general property taxes levied within the county by the state, county and |
---|
791 | | - | all other taxing subdivisions divided by the total assessed valuation of |
---|
792 | | - | all taxable property within the county as of November 1 of the year |
---|
793 | | - | prior to the year of valuation as certified by the secretary of revenue. |
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794 | | - | (e) On and after January 1, 2025, all watercraft shall be exempt |
---|
795 | | - | from all property or ad valorem taxes levied under the laws of the state |
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796 | | - | of Kansas. |
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797 | | - | Sec. 11. K.S.A. 79-213, 79-503a, 79-32,111c and 79-5501 and |
---|
798 | | - | K.S.A. 2023 Supp. 79-1460, 79-2005 and 79-4508a are hereby |
---|
799 | | - | repealed. |
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800 | | - | Sec. 12. This act shall take effect and be in force from and after its |
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801 | | - | publication in the statute book. |
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802 | | - | I hereby certify that the above BILL originated in the HOUSE, and was |
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803 | | - | adopted by that body |
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804 | | - | |
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805 | | - | HOUSE adopted |
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806 | | - | Conference Committee Report |
---|
807 | | - | |
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808 | | - | Speaker of the House. |
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809 | | - | |
---|
810 | | - | Chief Clerk of the House. |
---|
811 | | - | Passed the SENATE |
---|
812 | | - | as amended |
---|
813 | | - | SENATE adopted |
---|
814 | | - | Conference Committee Report |
---|
815 | | - | |
---|
816 | | - | President of the Senate. |
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817 | | - | |
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818 | | - | Secretary of the Senate. |
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819 | | - | APPROVED |
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820 | | - | |
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821 | | - | |
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822 | | - | Governor. |
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| 80 | + | 2 |
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| 81 | + | 3 |
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