Kansas 2023-2024 Regular Session

Kansas House Bill HB2096 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2096
2-AN ACT concerning taxation; relating to income tax; establishing the veterans' valor
3-property tax relief act and providing for an income tax credit or refund for eligible
4-individuals; increasing the tax credit amount for household and dependent care
5-expenses; modifying the definition of household income and increasing the appraised
6-value threshold for eligibility of seniors and disabled veterans related to increased
7-property tax claims and citing the section as the homeowners' property tax freeze
8-program; relating to property tax; providing a rebate for certain business property
9-operated in competition with property owned or operated by a governmental entity;
10-providing exemptions for certain personal property including watercraft, marine
11-equipment, off-road vehicles, motorized bicycles and certain trailers; excluding
12-internal revenue code section 1031 exchange transactions as indicators of fair market
13-value; providing for certain exclusions from the prohibition of paying taxes under
14-protest after a valuation notice appeal; providing four prior years' values on the
15-annual valuation notice; amending K.S.A. 79-213, 79-503a, 79-32,111c and 79-5501
16-and K.S.A. 2023 Supp. 79-1460, 79-2005 and 79-4508a and repealing the existing
17-sections.
3+By Committee on Insurance
4+1-19
5+AN ACT concerning insurance; relating to premium tax; adjusting the
6+basis upon which certain premium tax calculations are made; requiring
7+such premium taxes to be paid 90 days after each calendar year and
8+basing such premium taxes upon the gross premiums collected for the
9+previous calendar year; amending K.S.A. 12-2624 and 44-588 and
10+repealing the existing sections.
1811 Be it enacted by the Legislature of the State of Kansas:
19-New Section 1. (a) This act shall be known and may be cited as
20-the veterans' valor property tax relief act.
21-(b) There shall be allowed as a credit against the tax liability of a
22-taxpayer imposed under the Kansas income tax act for tax year 2024,
23-and all tax years thereafter, in an amount equal to 75% of the amount of
24-property and ad valorem taxes actually and timely paid by a taxpayer
25-who has been deemed to be permanently and totally disabled or
26-unemployable pursuant to 38 C.F.R. § 3.340 if such taxes were paid
27-upon real or personal property used for residential purposes of such
28-taxpayer that is the taxpayer's principal place of residence for the tax
29-year in which the tax credit is claimed.
30-(c) The amount of any such credit for any such taxpayer shall not
31-exceed the amount of property and ad valorem taxes paid by such
32-taxpayer as specified in this section. A taxpayer shall not take the credit
33-pursuant to this section if such taxpayer has received a homestead
34-property tax refund pursuant to K.S.A. 79-4501 et seq., and
35-amendments thereto, or a credit pursuant to the selective assistance for
36-effective senior relief pursuant to K.S.A. 79-32,263, and amendments
37-thereto, for such property for such tax year.
38-(d) Subject to the provisions of this section, if the amount of such
39-tax credit exceeds the taxpayer's income tax liability for the taxable
40-year, the amount of such excess credit that exceeds such tax liability
41-shall be refunded to the taxpayer.
42-(e) The secretary of revenue shall adopt rules and regulations
43-regarding the filing of documents that support the amount of the credit
44-claimed pursuant to this section.
45-(f) The provisions of this act shall be a part of and supplemental to
46-the homestead property tax refund act, except that the income or
47-appraised valuation limits set forth in the homestead property tax
48-refund act shall not apply to this section.
49-New Sec. 2. (a) The owner of any real property and personal
50-property owned and operated by a business in the state of Kansas that is
51-used by the business predominantly for child care center, health club or
52-restaurant purposes and is located within the taxing jurisdiction of a
53-governmental entity where there is at least one facility owned or
54-operated by such governmental entity that competes against the
55-business and such competing facility owned or operated by the
56-governmental entity is exempt from property or ad valorem taxes levied
57-under any laws of the state of Kansas may make application to such
58-governmental entity for a rebate in an amount equal to the amount of ad
59-valorem property tax levied by such competing governmental entity
60-upon such property for the tax year during which such competition
61-occurred. The rebate shall only be granted if such competing activity by
62-the governmental entity began after the business claiming the rebate
63-began using the real and personal property for a qualifying purpose
64-pursuant to this section.
65-(b) To be eligible for the rebate authorized by this section, the
66-business owning and operating the described property herein shall be in
67-compliance with state law, city ordinances and county resolutions and
68-shall be current in the payment of state and local taxes. HOUSE BILL No. 2096—page 2
69-(c) The owner requesting a rebate pursuant to this section shall be
70-required to submit an application with any supporting documentation to
71-the governing body of such governmental entity on or before December
72-20 of the year following the tax year at issue.
73-(d) If the governing body of the governmental entity determines
74-that the owner is eligible for such rebate, such governmental entity
75-shall provide the rebate from the general fund of such governmental
76-entity.
77-(e) If the governing body of the governmental entity determines
78-that the owner is not eligible for such rebate, the governing body shall
79-provide a written final decision to the owner. The owner may appeal
80-such final decision to the state board of tax appeals within 30 days after
81-service of the final decision.
82-(f) For purposes of this section:
83-(1) "Competes against the business" means offering the same or
84-substantially the same goods or services to the public and receiving any
85-payment for those goods or services at least
12+Section 1. K.S.A. 12-2624 is hereby amended to read as follows: 12-
13+2624. In addition to the fees required to be paid in K.S.A. 12-2622 12-
14+2623, and amendments thereto, and as a condition precedent to the
15+continuation of the certificate of authority provided in this act, all group-
16+funded pools shall pay no not later than 90 days after the end of each fiscal
17+calendar year a tax upon the annual Kansas gross premium collected by
18+the pool at the rate of 1% per annum applied to the collective premium
19+relating to all Kansas members of the pool for the preceding fiscal
20+calendar year. In the computation of the tax, all pools shall be entitled to
21+deduct any annual Kansas gross premiums returned on account of
22+cancellation or dividends returned to members of such pools or
23+expenditures used for the purchase of specific and aggregate excess
24+insurance, as provided in subsection (h) of K.S.A. 12-2618(h), and
25+amendments thereto.
26+Sec. 2. K.S.A. 44-588 is hereby amended to read as follows: 44-588.
27+In addition to the fees required to be paid in K.S.A. 44-587, and
28+amendments thereto, and as a condition precedent to the continuation of
29+the certificate of authority provided in this act, all group-funded workers'
30+compensation funds shall pay no not later than 90 days after the end of
31+each fiscal calendar year a tax upon the annual Kansas gross premium
32+collected by the pool at the rate of 1% per annum applied to the collective
33+premium relating to all Kansas members of the pool for the preceding
34+fiscal calendar year. In the computation of the tax, all pools shall be
35+entitled to deduct any annual Kansas gross premiums returned on account
36+of cancellation or dividends returned to members of such pools or
37+expenditures used for the purchase of specific and aggregate excess
38+insurance, as provided in subsection (a) of K.S.A. 44-582(a), and
39+amendments thereto.
8640 1
87-/2 the number of days per
88-tax year as the business claiming the rebate and such facility owned or
89-operated by a governmental entity is used for the predominant purpose
90-of a child care center, health club or restaurant and is located within the
91-same city as or within five miles of the real property and personal
92-property owned and operated by the business. "Competes against the
93-business" does not include providing such goods or services without
94-receiving payment for those goods or services or providing such goods
95-or services predominantly to its own employees or students. "Competes
96-against the business" does not include restaurants used for educational
97-purposes.
98-(2) "Governmental entity" means any county or city. Any facility
99-owned or operated by a governmental entity that is to be funded as a
100-result of an election where voters of the governmental entity are asked
101-to approve the imposition of a tax or other funding for the facility, its
102-operations or the repayment of bonds related to such facility shall
103-include in the description of the ballot proposition that such
104-governmental facility may compete against businesses and cause
105-private business to be eligible for a rebate.
106-(3) "Predominant purpose" means the primary reason individuals
107-attend a facility owned or operated by a governmental entity and is not
108-merely incidental to the operation of the facility. The provision of food
109-at a facility owned or operated by a governmental entity shall not alone
110-constitute the predominate purpose of a facility if the predominate
111-purpose of the entire facility operates for reasons beyond restaurant
112-purposes.
113-(4) "Real property and personal property owned and operated by a
114-business" means any real property and personal property where the
115-owner of the property is a business enterprise that operates the business
116-and collects the payment of a fee entitling the buyer to use the facility
117-or sells goods or services to the buyer and such owner of the property
118-and operator of the business enterprise are the same business entity, a
119-parent or subsidiary of the same business entity or have any direct or
120-indirect common ownership.
121-(g) The provisions of this section shall be applicable for tax years
122-commencing after December 31, 2024.
123-New Sec. 3. (a) The following described property, to the extent
124-herein specified, is hereby exempt from all property or ad valorem
125-taxes levied under the laws of the state of Kansas:
126-(1) Any off-road vehicle that is not operated upon any highway;
127-(2) any motorized bicycle, electric-assisted bicycle, electric-
128-assisted scooter, electric personal assistive mobility device and
129-motorized wheelchair as such terms are defined in K.S.A. 8-126, and HOUSE BILL No. 2096—page 3
130-amendments thereto;
131-(3) any trailer having a gross weight of 15,000 pounds or less that
132-is used exclusively for personal use and not for the production of
133-income; and
134-(4) any marine equipment.
135-(b) For purposes of this section:
136-(1) "Marine equipment" means any watercraft trailer designed to
137-launch, retrieve, transport and store watercraft and any watercraft motor
138-designed to operate watercraft on the water;
139-(2) "off-road motorcycle" means any motorcycle as defined in
140-K.S.A. 8-126, and amendments thereto, that has been manufactured for
141-off-road use only and is used exclusively off roads and highways; and
142-(3) "off-road vehicle" means:
143-(A) Any all-terrain vehicle, recreational off-highway vehicle and
144-golf cart as such terms are defined in K.S.A. 8-126, and amendments
145-thereto; and
146-(B) any off-road motorcycle and snowmobile.
147-(c) The provisions of this section shall apply to all taxable years
148-commencing after December 31, 2024.
149-Sec. 4. K.S.A. 79-213 is hereby amended to read as follows: 79-
150-213. (a) Any property owner requesting an exemption from the
151-payment of ad valorem property taxes assessed, or to be assessed,
152-against their property shall be required to file an initial request for
153-exemption, on forms approved by the state board of tax appeals and
154-provided by the county appraiser.
155-(b) The initial exemption request shall identify the property for
156-which the exemption is requested and state, in detail, the legal and
157-factual basis for the exemption claimed.
158-(c) The request for exemption shall be filed with the county
159-appraiser of the county where such property is principally located.
160-(d) After a review of the exemption request, and after a
161-preliminary examination of the facts as alleged, the county appraiser
162-shall recommend that the exemption request either be granted or
163-denied, and, if necessary, that a hearing be held. If a denial is
164-recommended, a statement of the controlling facts and law relied upon
165-shall be included on the form.
166-(e) The county appraiser, after making such written
167-recommendation, shall file the request for exemption and the
168-recommendations of the county appraiser with the state board of tax
169-appeals. With regard to a request for exemption from property tax
170-pursuant to the provisions of K.S.A. 79-201g and 82a-409, and
171-amendments thereto, not filed with the board of tax appeals by the
172-county appraiser on or before the effective date of this act, if the county
173-appraiser recommends the exemption request be granted, the exemption
174-shall be provided in the amount recommended by the county appraiser
175-and the county appraiser shall not file the request for exemption and
176-recommendations of the county appraiser with the state board of tax
177-appeals. The county clerk or county assessor shall annually make such
178-adjustment in the taxes levied against the real property as the owner
179-may be entitled to receive under the provisions of K.S.A. 79-201g, and
180-amendments thereto, as recommended by the county appraiser,
181-beginning with the first period, following the date of issue of the
182-certificate of completion on which taxes are regularly levied, and
183-during the years which the landowner is entitled to such adjustment.
184-(f) Upon receipt of the request for exemption, the board shall
185-docket the same and notify the applicant and the county appraiser of
186-such fact.
187-(g) After examination of the request for exemption and the county
188-appraiser's recommendation related thereto, the board may fix a time HOUSE BILL No. 2096—page 4
189-and place for hearing, and shall notify the applicant and the county
190-appraiser of the time and place so fixed. A request for exemption
191-pursuant to: (1) Section 13 of article 11 of the constitution of the state
192-of Kansas; or (2) K.S.A. 79-201a Second, and amendments thereto, for
193-property constructed or purchased, in whole or in part, with the
194-proceeds of revenue bonds under the authority of K.S.A. 12-1740
195-through 12-1749, and amendments thereto, prepared in accordance with
196-instructions and assistance which shall be provided by the department
197-of commerce, shall be deemed approved unless scheduled for hearing
198-within 30 days after the date of receipt of all required information and
199-data relating to the request for exemption, and such hearing shall be
200-conducted within 90 days after such date. Such time periods shall be
201-determined without regard to any extension or continuance allowed to
202-either party to such request. In any case where a party to such request
203-for exemption requests a hearing thereon, the same shall be granted.
204-Hearings shall be conducted in accordance with the provisions of the
205-Kansas administrative procedure act. In all instances where the board
206-sets a request for exemption for hearing, the county shall be represented
207-by its county attorney or county counselor.
208-(h) Except as otherwise provided by subsection (g), in the event of
209-a hearing, the same shall be originally set not later than 90 days after
210-the filing of the request for exemption with the board.
211-(i) During the pendency of a request for exemption, no person,
212-firm, unincorporated association, company or corporation charged with
213-real estate or personal property taxes pursuant to K.S.A. 79-2004 and
214-79-2004a, and amendments thereto, on the tax books in the hands of the
215-county treasurer shall be required to pay the tax from the date the
216-request is filed with the county appraiser until the expiration of 30 days
217-after the board issued its order thereon and the same becomes a final
218-order. In the event that taxes have been assessed against the subject
219-property, no interest shall accrue on any unpaid tax for the year or years
220-in question nor shall the unpaid tax be considered delinquent from the
221-date the request is filed with the county appraiser until the expiration of
222-30 days after the board issued its order thereon. In the event the board
223-determines an application for exemption is without merit and filed in
224-bad faith to delay the due date of the tax, the tax shall be considered
225-delinquent as of the date the tax would have been due pursuant to
226-K.S.A. 79-2004 and 79-2004a, and amendments thereto, and interest
227-shall accrue as prescribed therein.
228-(j) In the event the board grants the initial request for exemption,
229-the same shall be effective beginning with the date of first exempt use
230-except that, with respect to property the construction of which
231-commenced not to exceed 24 months prior to the date of first exempt
232-use, the same shall be effective beginning with the date of
233-commencement of construction.
234-(k) In conjunction with its authority to grant exemptions, the board
235-shall have the authority to abate all unpaid taxes that have accrued from
236-and since the effective date of the exemption. In the event that taxes
237-have been paid during the period where the subject property has been
238-determined to be exempt, the board shall have the authority to order a
239-refund of taxes for the year immediately preceding the year in which
240-the exemption application is filed in accordance with subsection (a).
241-(l) The provisions of this section shall not apply to: (1) Farm
242-machinery and equipment exempted from ad valorem taxation by
243-K.S.A. 79-201j, and amendments thereto; (2) personal property
244-exempted from ad valorem taxation by K.S.A. 79-215, and
245-amendments thereto; (3) wearing apparel, household goods and
246-personal effects exempted from ad valorem taxation by K.S.A. 79-
247-201c, and amendments thereto; (4) livestock; (5) all property exempted HOUSE BILL No. 2096—page 5
248-from ad valorem taxation by K.S.A. 79-201d, and amendments thereto;
249-(6) merchants' and manufacturers' inventories exempted from ad
250-valorem taxation by K.S.A. 79-201m, and amendments thereto; (7)
251-grain exempted from ad valorem taxation by K.S.A. 79-201n, and
252-amendments thereto; (8) property exempted from ad valorem taxation
253-by K.S.A. 79-201a Seventeenth, and amendments thereto, including all
254-property previously acquired by the secretary of transportation or a
255-predecessor in interest, which is used in the administration,
256-construction, maintenance or operation of the state system of highways.
257-The secretary of transportation shall at the time of acquisition of
258-property notify the county appraiser in the county in which the property
259-is located that the acquisition occurred and provide a legal description
260-of the property acquired; (9) property exempted from ad valorem
261-taxation by K.S.A. 79-201a Ninth, and amendments thereto, including
262-all property previously acquired by the Kansas turnpike authority
263-which is used in the administration, construction, maintenance or
264-operation of the Kansas turnpike. The Kansas turnpike authority shall at
265-the time of acquisition of property notify the county appraiser in the
266-county in which the property is located that the acquisition occurred
267-and provide a legal description of the property acquired; (10)
268-aquaculture machinery and equipment exempted from ad valorem
269-taxation by K.S.A. 79-201j, and amendments thereto. As used in this
270-section, "aquaculture" has the same meaning ascribed thereto by K.S.A.
271-47-1901, and amendments thereto; (11) Christmas tree machinery and
272-equipment exempted from ad valorem taxation by K.S.A. 79-201j, and
273-amendments thereto; (12) property used exclusively by the state or any
274-municipality or political subdivision of the state for right-of-way
275-purposes. The state agency or the governing body of the municipality
276-or political subdivision shall at the time of acquisition of property for
277-right-of-way purposes notify the county appraiser in the county in
278-which the property is located that the acquisition occurred and provide
279-a legal description of the property acquired; (13) machinery, equipment,
280-materials and supplies exempted from ad valorem taxation by K.S.A.
281-79-201w, and amendments thereto; (14) vehicles owned by the state or
282-by any political or taxing subdivision thereof and used exclusively for
283-governmental purposes; (15) property used for residential purposes
284-which is exempted pursuant to K.S.A. 79-201x, and amendments
285-thereto, from the property tax levied pursuant to K.S.A. 72-5142, and
286-amendments thereto; (16) from and after July 1, 1998, vehicles which
287-are owned by an organization having as one of its purposes the
288-assistance by the provision of transit services to the elderly and to
289-disabled persons and which are exempted pursuant to K.S.A. 79-201
290-Ninth, and amendments thereto; (17) from and after July 1, 1998, motor
291-vehicles exempted from taxation by K.S.A. 79-5107(e), and
292-amendments thereto; (18) commercial and industrial machinery and
293-equipment exempted from property or ad valorem taxation by K.S.A.
294-79-223, and amendments thereto; (19) telecommunications machinery
295-and equipment and railroad machinery and equipment exempted from
296-property or ad valorem taxation by K.S.A. 79-224, and amendments
297-thereto; (20) property exempted from property or ad valorem taxation
298-by K.S.A. 79-234, and amendments thereto; (21) recreational vehicles
299-exempted from property or ad valorem taxation by K.S.A. 79-5121(e),
300-and amendments thereto; (22) property acquired by a land bank exempt
301-from property or ad valorem taxation pursuant to K.S.A. 12-5909 or
302-K.S.A. 19-26,111, and amendments thereto; and (23) property
303-belonging exclusively to the United States and exempted from ad
304-valorem taxation by K.S.A. 79-201a First, and amendments thereto,
305-except that the provisions of this subsection (l)(23) shall not apply to
306-any such property that the congress of the United States has expressly HOUSE BILL No. 2096—page 6
307-declared to be subject to state and local taxation; (24) watercraft
308-exempted from property or ad valorem taxation by K.S.A. 79-5501, and
309-amendments thereto; and (25) property exempted from property or ad
310-valorem taxation by section 3, and amendments thereto.
311-(m) The provisions of this section shall apply to property exempt
312-pursuant to the provisions of section 13 of article 11 of the constitution
313-of the state of Kansas.
314-(n) The provisions of subsection (k) as amended by this act shall
315-be applicable to all exemption applications filed in accordance with
316-subsection (a) after December 31, 2001.
317-(o) No exemption authorized by K.S.A. 79-227, and amendments
318-thereto, of property from the payment of ad valorem property taxes
319-assessed shall be granted unless the requesting property owner files an
320-initial request for exemption pursuant to this section within two years
321-of the date in which construction of a new qualifying pipeline property
322-began. The provisions of this subsection shall be applicable to all
323-requests for exemptions filed in accordance with subsection (a) after
324-June 30, 2017.
325-Sec. 5. K.S.A. 79-503a is hereby amended to read as follows: 79-
326-503a. "Fair market value" means the amount in terms of money that a
327-well informed buyer is justified in paying and a well informed seller is
328-justified in accepting for property in an open and competitive market,
329-assuming that the parties are acting without undue compulsion. In the
330-determination of fair market value of any real property which is subject
331-to any special assessment, such value shall not be determined by adding
332-the present value of the special assessment to the sales price. For the
333-purposes of this definition it will be assumed that consummation of a
334-sale occurs as of January 1.
335-Sales in and of themselves shall not be the sole criteria of fair
336-market value but shall be used in connection with cost, income and
337-other factors including but not by way of exclusion:
338-(a) The proper classification of lands and improvements;
339-(b) the size thereof;
340-(c) the effect of location on value;
341-(d) depreciation, including physical deterioration or functional,
342-economic or social obsolescence;
343-(e) cost of reproduction of improvements;
344-(f) productivity taking into account all restrictions imposed by the
345-state or federal government and local governing bodies, including, but
346-not limited to, restrictions on property rented or leased to low income
347-individuals and families as authorized by section 42 of the federal
348-internal revenue code of 1986, as amended;
349-(g) earning capacity as indicated by lease price, by capitalization
350-of net income or by absorption or sell-out period;
351-(h) rental or reasonable rental values or rental values restricted by
352-the state or federal government or local governing bodies, including,
353-but not limited to, restrictions on property rented or leased to low
354-income individuals and families, as authorized by section 42 of the
355-federal internal revenue code of 1986, as amended;
356-(i) sale value on open market with due allowance to abnormal
357-inflationary factors influencing such values;
358-(j) restrictions or requirements imposed upon the use of real estate
359-by the state or federal government or local governing bodies, including
360-zoning and planning boards or commissions, and including, but not
361-limited to, restrictions or requirements imposed upon the use of real
362-estate rented or leased to low income individuals and families, as
363-authorized by section 42 of the federal internal revenue code of 1986,
364-as amended; and
365-(k) comparison with values of other property of known or HOUSE BILL No. 2096—page 7
366-recognized value. The assessment-sales ratio study shall not be used as
367-an appraisal for appraisal purposes.
368-The appraisal process utilized in the valuation of all real and
369-tangible personal property for ad valorem tax purposes shall conform to
370-generally accepted appraisal procedures and standards which are
371-consistent with the definition of fair market value unless otherwise
372-specified by law.
373-The sale price or value at which a property sells or transfers
374-ownership in a federal internal revenue code section 1031 exchange
375-shall not be considered an indicator of fair market value nor as a
376-factor in arriving at fair market value. Federal internal revenue code
377-section 1031 exchange transactions shall not be used as comparable
378-sales for valuation purposes nor as valid sales for purposes of sales
379-ratio studies conducted pursuant to K.S.A. 79-1485 et seq., and
380-amendments thereto.
381-Sec. 6. K.S.A. 2023 Supp. 79-1460 is hereby amended to read as
382-follows: 79-1460. (a) The county appraiser shall notify each taxpayer in
383-the county annually on or before March 1 for real property and May 1
384-for personal property, by mail directed to the taxpayer's last known
385-address, of the classification and appraised valuation of the taxpayer's
386-property, except that, the valuation for all real property shall not be
387-increased unless the record of the latest physical inspection was
388-reviewed by the county or district appraiser, and documentation exists
389-to support such increase in valuation in compliance with the directives
390-and specifications of the director of property valuation, and such record
391-and documentation is available to the affected taxpayer. Alternatively,
392-the county appraiser may transmit the classification and appraised
393-valuation to the taxpayer by electronic means if such taxpayer
394-consented to service by electronic means.
395-(b) The valuation for all real property also shall not be increased
396-solely as the result of normal repair, replacement or maintenance of
397-existing structures, equipment or improvements on the property. For the
398-next two taxable years following the taxable year that the valuation for
399-commercial real property has been reduced due to a final determination
400-made pursuant to the valuation appeals process, the county appraiser
401-shall review the computer-assisted mass-appraisal of the property and
402-if, the valuation in either of those two years exceeds the value of the
403-previous year by more than 5%, excluding new construction, change in
404-use or change in classification, the county appraiser shall either:
405-(1) Adjust the valuation of the property based on the information
406-provided in the previous appeal; or
407-(2) order an independent fee simple appraisal of the property to be
408-performed by a Kansas certified real property appraiser.
409-(c) When the valuation for real property has been reduced due to a
410-final determination made pursuant to the valuation appeals process for
411-the prior year, and the county appraiser has already certified the
412-appraisal rolls for the current year to the county clerk pursuant to
413-K.S.A. 79-1466, and amendments thereto, the county appraiser may
414-amend the appraisal rolls and certify the changes to the county clerk to
415-implement the provisions of this subsection and reduce the valuation of
416-the real property to the prior year's final determination, except that such
417-changes shall not be made after October 31 of the current year.
418-(d) (1) The notice provided under subsection (a) shall specify:
419-(A) Separately for the previous tax year and the current tax year,
420-the appraised and assessed values for each property class identified on
421-the parcel;
422-(B) the uniform parcel identification number prescribed by the
423-director of property valuation; and
424-(C) a statement of the taxpayer's right to appeal, the procedure to HOUSE BILL No. 2096—page 8
425-be followed in making such appeal and the availability without charge
426-of the guide devised pursuant to subsection (g); and
427-(D) a valuation history of the parcel that includes, at a minimum,
428-a statement or display of the total appraised values of the parcel for the
429-current tax year and the previous four tax years.
430-(2) Such notice may, and if the board of county commissioners so
431-require, shall provide the parcel identification number, address and the
432-sale date and amount of any or all sales utilized in the determination of
433-appraised value of residential real property.
434-(e) In any year in which no change in appraised valuation of any
435-real property from its appraised valuation in the next preceding year is
436-determined, an alternative form of notification which has been
437-approved by the director of property valuation may be utilized by a
438-county.
439-(f) Failure to timely mail or receive such notice shall in no way
440-invalidate the classification or appraised valuation as changed. The
441-secretary of revenue shall adopt rules and regulations necessary to
442-implement the provisions of this section.
443-(g) There shall be provided to each taxpayer, upon request, a guide
444-to the property tax appeals process. The director of the division of
445-property valuation shall devise and publish such guide and shall
446-provide sufficient copies thereof to all county appraisers. Such guide
447-shall include, but not be limited to:
448-(1) A restatement of the law which pertains to the process and
449-practice of property appraisal methodology, including the contents of
450-K.S.A. 79-503a and 79-1460, and amendments thereto;
451-(2) the procedures of the appeals process, including the order and
452-burden of proof of each party and time frames required by law; and
453-(3) such other information deemed necessary to educate and
454-enable a taxpayer to properly and competently pursue an appraisal
455-appeal.
456-(h) As used in this section:
457-(1) "New construction" means the construction of any new
458-structure or improvements or the remodeling or renovation of any
459-existing structures or improvements on real property.
460-(2) "Normal repair, replacement or maintenance" does not include
461-new construction.
462-(3) "Taxpayer" means the person in ownership of the property as
463-indicated on the records of the office of register of deeds or county
464-clerk and includes the lessee of such property if the lease agreement has
465-been recorded or filed in the office of the register of deeds and the real
466-property or improvement thereon is subject of a lease agreement.
467-Sec. 7. K.S.A. 2023 Supp. 79-2005 is hereby amended to read as
468-follows: 79-2005. (a) Any taxpayer, before protesting the payment of
469-such taxpayer's taxes, shall be required, either at the time of paying
470-such taxes, or, if the whole or part of the taxes are paid prior to
471-December 20, no later than December 20, or, with respect to taxes paid
472-in whole or in part in an amount equal to at least
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75+36 HB 2096 2
76+Sec. 3. K.S.A. 12-2624 and 44-588 are hereby repealed.
77+Sec. 4. This act shall take effect and be in force from and after its
78+publication in the statute book.
47379 1
474-/2 of such taxes on or
475-before December 20 by an escrow or tax service agent, no later than
476-January 31 of the next year, to file a written statement with the county
477-treasurer, on forms approved by the state board of tax appeals and
478-provided by the county treasurer, clearly stating the grounds on which
479-the whole or any part of such taxes are protested and citing any law,
480-statute or facts on which such taxpayer relies in protesting the whole or
481-any part of such taxes. When the grounds of such protest is an
482-assessment of taxes made pursuant to K.S.A. 79-332a and 79-1427a,
483-and amendments thereto, the county treasurer may not distribute the
484-taxes paid under protest until such time as the appeal is final. When the
485-grounds of such protest is that the valuation or assessment of the HOUSE BILL No. 2096—page 9
486-property upon which the taxes are levied is illegal or void, the county
487-treasurer shall forward a copy of the written statement of protest to the
488-county appraiser who shall within 15 days of the receipt thereof,
489-schedule an informal meeting with the taxpayer or such taxpayer's
490-agent or attorney with reference to the property in question. At the
491-informal meeting, it shall be the duty of the county appraiser or the
492-county appraiser's designee to initiate production of evidence to
493-substantiate the valuation of such property, including a summary of the
494-reasons that the valuation of the property has been increased over the
495-preceding year, any assumptions used by the county appraiser to
496-determine the value of the property and a description of the individual
497-property characteristics, property specific valuation records and
498-conclusions. The taxpayer shall be provided with the opportunity to
499-review the data sheets applicable to the valuation approach utilized for
500-the subject property. The county appraiser shall take into account any
501-evidence provided by the taxpayer which relates to the amount of
502-deferred maintenance and depreciation of the property. The county
503-appraiser shall review the appraisal of the taxpayer's property with the
504-taxpayer or such taxpayer's agent or attorney and may change the
505-valuation of the taxpayer's property, if in the county appraiser's opinion
506-a change in the valuation of the taxpayer's property is required to assure
507-that the taxpayer's property is valued according to law, and shall, within
508-15 business days thereof, notify the taxpayer in the event the valuation
509-of the taxpayer's property is changed, in writing of the results of the
510-meeting. The county appraiser shall not increase the appraised
511-valuation of the property as a result of the informal meeting. In the
512-event the valuation of the taxpayer's property is changed and such
513-change requires a refund of taxes and interest thereon, the county
514-treasurer shall process the refund in the manner provided by subsection
515-(l).
516-(b) No protest appealing the valuation or assessment of property
517-shall be filed pertaining to any year's valuation or assessment when an
518-appeal of such valuation or assessment was commenced pursuant to
519-K.S.A. 79-1448, and amendments thereto, nor shall the second half
520-payment of taxes be protested when the first half payment of taxes has
521-been protested. Notwithstanding the foregoing, this provision shall not
522-prevent any subsequent owner from protesting taxes levied for the year
523-in which such property was acquired, nor shall it prevent any taxpayer
524-from protesting taxes when:
525-(1) The valuation or assessment of such taxpayer's property has
526-been changed pursuant to an order of the director of property valuation;
527-(2) the taxpayer withdrew such taxpayer's appeal commenced
528-pursuant to K.S.A. 79-1448, and amendments thereto; or
529-(3) the taxpayer wishes to present new evidence relating to the
530-valuation or assessment of such property.
531-(c) A protest shall not be necessary to protect the right to a refund
532-of taxes in the event a refund is required because the final resolution of
533-an appeal commenced pursuant to K.S.A. 79-1448, and amendments
534-thereto, occurs after the final date prescribed for the protest of taxes.
535-(d) If the grounds of such protest shall be that the valuation or
536-assessment of the property upon which the taxes so protested are levied
537-is illegal or void, such statement shall further state the exact amount of
538-valuation or assessment which the taxpayer admits to be valid and the
539-exact portion of such taxes which is being protested.
540-(e) If the grounds of such protest shall be that any tax levy, or any
541-part thereof, is illegal, such statement shall further state the exact
542-portion of such tax which is being protested.
543-(f) Upon the filing of a written statement of protest, the grounds of
544-which shall be that any tax levied, or any part thereof, is illegal, the HOUSE BILL No. 2096—page 10
545-county treasurer shall mail a copy of such written statement of protest
546-to the state board of tax appeals and the governing body of the taxing
547-district making the levy being protested.
548-(g) Within 30 days after notification of the results of the informal
549-meeting with the county appraiser pursuant to subsection (a), the
550-protesting taxpayer may, if aggrieved by the results of the informal
551-meeting with the county appraiser, appeal such results to the state board
552-of tax appeals.
553-(h) After examination of the copy of the written statement of
554-protest and a copy of the written notification of the results of the
555-informal meeting with the county appraiser in cases where the grounds
556-of such protest is that the valuation or assessment of the property upon
557-which the taxes are levied is illegal or void, the board shall conduct a
558-hearing in accordance with the provisions of the Kansas administrative
559-procedure act, unless waived by the interested parties in writing. If the
560-grounds of such protest is that the valuation or assessment of the
561-property is illegal or void the board shall notify the county appraiser
562-thereof.
563-(i) In the event of a hearing, the same shall be originally set not
564-later than 90 days after the filing of the copy of the written statement of
565-protest and a copy, when applicable, of the written notification of the
566-results of the informal meeting with the county appraiser with the
567-board. With regard to any matter properly submitted to the board
568-relating to the determination of valuation of residential property or real
569-property used for commercial and industrial purposes for taxation
570-purposes, it shall be the duty of the county appraiser to initiate the
571-production of evidence to demonstrate, by a preponderance of the
572-evidence, the validity and correctness of such determination except that
573-no such duty shall accrue to the county or district appraiser with regard
574-to leased commercial and industrial property unless the property owner
575-has furnished to the county or district appraiser a complete income and
576-expense statement for the property for the three years next preceding
577-the year of appeal. No presumption shall exist in favor of the county
578-appraiser with respect to the validity and correctness of such
579-determination. In all instances where the board sets a request for
580-hearing and requires the representation of the county by its attorney or
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
583-provided by the taxpayer which relates to the amount of deferred
584-maintenance and depreciation for the property. In any appeal from the
585-reclassification of property that was classified as land devoted to
586-agricultural use for the preceding year, the taxpayer's classification of
587-the property as land devoted to agricultural use shall be presumed to be
588-valid and correct if the taxpayer provides an executed lease agreement
589-or other documentation demonstrating a commitment to use the
590-property for agricultural use, if no other actual use is evident. With
591-regard to any matter properly submitted to the board relating to the
592-determination of valuation of property for taxation purposes, the board
593-shall not increase the appraised valuation of the property to an amount
594-greater than the appraised value reflected in the notification of the
595-results of the informal meeting with the county appraiser from which
596-the taxpayer appealed.
597-(j) When a determination is made as to the merits of the tax
598-protest, the board shall render and serve its order thereon. The county
599-treasurer shall notify all affected taxing districts of the amount by
600-which tax revenues will be reduced as a result of a refund.
601-(k) If a protesting taxpayer fails to file a copy of the written
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
604-appraiser with the board within the time limit prescribed, such protest
605-shall become null and void and of no effect whatsoever.
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
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
649-subdivision within a county may request the pooled money investment
650-board to make a loan to such county or taxing subdivision as provided
651-in this section. The pooled money investment board is authorized and
652-directed to loan to such county or taxing subdivision sufficient funds to
653-enable the county or taxing subdivision to refund such taxes to the
654-taxpayer. The pooled money investment board is authorized and
655-directed to use any moneys in the operating accounts, investment
656-accounts or other investments of the state of Kansas to provide the
657-funds for such loan. Each loan shall bear interest at a rate equal to the
658-net earnings rate of the pooled money investment portfolio at the time
659-of the making of such loan. The total aggregate amount of loans under
660-this program shall not exceed $50,000,000 of unencumbered funds
661-pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated,
662-and amendments thereto. Such loan shall not be deemed to be an HOUSE BILL No. 2096—page 12
663-indebtedness or debt of the state of Kansas within the meaning of
664-section 6 of article 11 of the constitution of the state of Kansas. Upon
665-certification to the pooled money investment board by the county
666-treasurer or governing body of the amount of each loan authorized
667-pursuant to this subsection, the pooled money investment board shall
668-transfer each such amount certified by the county treasurer or
669-governing body from the state bank account or accounts prescribed in
670-this subsection to the county treasurer who shall deposit such amount in
671-the county treasury. Any such loan authorized pursuant to this
672-subsection shall be repaid within four years. The county or taxing
673-subdivision shall make not more than four equal annual tax levies at the
674-time fixed for the certification of tax levies to the county clerk
675-following the making of such loan sufficient to pay such loan within
676-the time period required under such loan. All such tax levies shall be in
677-addition to all other levies authorized by law.
678-(o) The county treasurer shall disburse to the proper funds all
679-portions of taxes paid under protest and shall maintain a record of all
680-portions of such taxes which are so protested and shall notify the
681-governing body of the taxing district levying such taxes thereof and the
682-director of accounts and reports if any tax protested was levied by the
683-state.
684-(p) This statute shall not apply to the valuation and assessment of
685-property assessed by the director of property valuation and it shall not
686-be necessary for any owner of state assessed property, who has an
687-appeal pending before the state board of tax appeals, to protest the
688-payment of taxes under this statute solely for the purpose of protecting
689-the right to a refund of taxes paid under protest should that owner be
690-successful in that appeal.
691-Sec. 8. K.S.A. 79-32,111c is hereby amended to read as follows:
692-79-32,111c. (a) There shall be allowed as a credit against the tax
693-liability of a resident individual imposed under the Kansas income tax
694-act an amount equal to 12.5% for tax year 2018; an amount equal to
695-18.75% for tax year 2019; and an amount equal to 25% for tax year
696-years 2020 through 2023; and an amount equal to 100% for tax year
697-2024, and all tax years thereafter, of the amount of the credit allowed
698-against such taxpayer's federal income tax liability pursuant to 26
699-U.S.C. § 21 for the taxable year in which such credit was claimed
700-against the taxpayer's federal income tax liability.
701-(b) The credit allowed by subsection (a) shall not exceed the
702-amount of the tax imposed by K.S.A. 79-32,110, and amendments
703-thereto, reduced by the sum of any other credits allowable pursuant to
704-law.
705-(c) No credit provided under this section shall be allowed to any
706-individual who fails to provide a valid social security number issued by
707-the social security administration, to such individual, the individual's
708-spouse and every dependent of the individual.
709-Sec. 9. K.S.A. 2023 Supp. 79-4508a is hereby amended to read as
710-follows: 79-4508a. (a) For tax year 2022, and all tax years thereafter,
711-the amount of any claim pursuant to this section shall be computed by
712-deducting the claimant's base year ad valorem tax amount for the
713-homestead from the claimant's homestead ad valorem tax amount for
714-the tax year for which the refund is sought. This section shall be known
715-and may be cited as the homeowners' property tax freeze program.
716-(b) As used in this section:
717-(1) "Base year" means the year in which an individual becomes an
718-eligible claimant and who is also eligible for a claim for refund
719-pursuant to this section. For any individual who would otherwise be an
720-eligible claimant prior to 2021, such base year shall be deemed to be
721-2021 for the purposes of this act. HOUSE BILL No. 2096—page 13
722-(2) "Claimant" means a person who has filed a claim under the
723-provisions of this act and was, during the entire calendar year preceding
724-the year in which such claim was filed for refund under this act, except
725-as provided in K.S.A. 79-4503, and amendments thereto, both
726-domiciled in this state and was: (A) A person who is 65 years of age or
727-older; or (B) a disabled veteran. The surviving spouse of a person 65
728-years of age or older or a disabled veteran who was receiving benefits
729-pursuant to this section at the time of the claimant's death shall be
730-eligible to continue to receive benefits until such time the surviving
731-spouse remarries.
732-(3) "Household income" means the total Kansas adjusted gross
733-income of all persons of a household in a calendar year while members
734-of such household excluding any amounts received as benefits under
735-the federal social security act that are included in Kansas adjusted
736-gross income of such persons.
737-(c) A claimant shall only be eligible for a claim for refund under
738-this section if:
739-(1) The claimant's household income for the year in which the
740-claim is filed is $50,000 $80,000 or less; and
741-(2) the appraised value of the claimant's homestead for the base
742-year is $350,000 $500,000 or less.
743-The provisions of K.S.A. 79-4522, and amendments thereto, shall
744-not apply to a claim pursuant to this section. In the case of all tax years
745-commencing after December 31, 2022, the upper limit household
746-income threshold amount prescribed in this subsection shall be
747-increased by an amount equal to such threshold amount multiplied by
748-the cost-of-living adjustment determined under section 1(f)(3) of the
749-federal internal revenue code for the calendar year in which the taxable
750-year commences.
751-(d) A taxpayer shall not be eligible for a homestead property tax
752-refund claim pursuant to this section if such taxpayer has received for
753-such property for such tax year either: (1) A homestead property tax
754-refund pursuant to K.S.A. 79-4508, and amendments thereto; or (2) the
755-selective assistance for effective senior relief (SAFESR) credit pursuant
756-to K.S.A. 79-32,263, and amendments thereto.
757-(e) The amount of any claim shall be computed to the nearest $1.
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
761-before April 15, 2025.
762-(g) The provisions of this section shall be a part of and
763-supplemental to the homestead property tax refund act.
764-Sec. 10. K.S.A. 79-5501 is hereby amended to read as follows: 79-
765-5501. (a) On and after Commencing July 1, 2013, and through
766-December 31, 2024, watercraft shall be appraised at fair market value
767-determined therefor pursuant to K.S.A. 79-503a, and amendments
768-thereto, and assessed at the percentage of value as follows: (1) 11.5% in
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
771-calculate the tax on watercraft shall be the county average tax rate. In
772-no case shall the assessed value of any watercraft, as determined under
773-the provisions of this section, cause the tax upon such watercraft to be
774-less than $12.
775-(b) As used in this section, the term "watercraft" means any
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
781-would be exempt from property taxation under the laws of the state of
782-Kansas. Each watercraft may include one trailer which is designed to
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.
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.
789-(d) The "county average tax rate" means the total amount of
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.
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
796-of Kansas.
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.
800-Sec. 12. This act shall take effect and be in force from and after its
801-publication in the statute book.
802-I hereby certify that the above BILL originated in the HOUSE, and was
803-adopted by that body
804-
805-HOUSE adopted
806-Conference Committee Report
807-
808-Speaker of the House.
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.
817-
818-Secretary of the Senate.
819-APPROVED
820-
821-
822-Governor.
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