Kansas 2023-2024 Regular Session

Kansas House Bill HB2137

Introduced
1/23/23  
Refer
1/23/23  

Caption

Authorizing taxing subdivisions to send notices required to exceed the revenue neutral rate if the county clerk fails to send such notice and providing for reimbursement of printing and postage costs.

Impact

The bill has implications for local governance and attendance at public hearings concerning tax levies. It mandates that governing bodies must hold public hearings before exceeding the revenue neutral rate and provides a clearer path for taxpayers to be informed about potential tax increases. Additionally, the bill requires the county clerk to reimburse taxing subdivisions for the costs associated with sending out these notifications, which establishes a framework for shared financial responsibility among local government entities.

Summary

House Bill 2137 aims to amend the property taxation procedures currently established in Kansas by providing authority to taxing subdivisions. Specifically, it allows these entities to send the required notices to taxpayers if their county clerk fails to do so in a timely manner. The bill outlines the process for notifying property owners about proposed tax rates, particularly when these rates exceed the revenue neutral rate. This is significant as the revenue neutral rate is the tax rate that would generate the same revenue as the previous year, adjusted for property value changes.

Conclusion

Overall, HB2137 is designed to enhance transparency and ensure that taxpayers are adequately informed about property tax rates and potential changes. It establishes specific procedures for public participation in the taxation process while also fixing issues regarding accountability at the local government level. The success of this bill depends on how effectively local governments adapt to these new requirements and communicate them to their constituents.

Contention

Notably, there may be contention surrounding the enforcement of these regulations. If a governing body does not comply with the public hearing requirements before exceeding the revenue neutral rate, they could face penalties, including the necessity to refund over-collected property taxes. This provision raises concerns among local municipalities about their ability to manage tax levies and comply with the necessary procedures set forth in the bill, which could lead to increased administrative burdens.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2795

Requiring notices required to exceed the revenue neutral rate to be sent on forms provided by the director of accounts and reports, granting taxing subdivisions the option to hold hearings on the same day and at the same location as other taxing subdivisions within a county and excluding the state mandated 20 mills levied by a school district from the revenue neutral rate.

KS HB2396

Senate Substitute for HB 2396 by Committee on Assessment and Taxation - Authorizing the use of a protest petition to limit funding of a taxing jurisdiction by property tax revenues exceeding a certain amount, providing for a protest petition notice to be sent to taxpayers and modifying the content requirements of the revenue neutral rate hearing notice.

KS HB2125

Senate Substitute for HB 2125 by Committee on Assessment and Taxation - Modifying the deadline for mailing property tax statements to taxpayers and the deadline for governing bodies to certify the amount of property tax to be levied to the county clerk, providing for the county clerk's use of the previous year's budget when a taxing subdivision fails to timely file its budget, modifying the content requirements of the revenue neutral rate hearing notice for property tax purposes, extending reimbursement from the taxpayer notification costs fund for printing and postage costs for county clerks for calendar years 2025 and 2026, prohibiting a filing fee when a previous appeal remains pending before the board of tax appeals and authorizing the continuation of the 20-mill statewide property tax levy for schools.

KS SB482

Providing that county clerks are not required to send revenue neutral rate notices to property owners of exempt property, modifying and prescribing the contents of the revenue neutral rate hearing notice, permitting a tax levy that generates the same amount of revenue as the previous year when the final assessed valuation decreases compared to the estimated assessed valuation and requiring that the governing body's vote be conducted on the same day as the commencement of the hearing.

KS HB2573

Requiring certain libraries that have budgets approved by taxing subdivisions to be subject to the revenue neutral rate independent of the taxing subdivision.

KS SB2901

Ad valorem tax; require counties and municipalities to provide notice and hearing before exceeding revenue-neutral rate.

KS SB468

Prohibiting cities and counties that grant or approve certain property tax exemptions or tax increment financing from exceeding their revenue neutral rates for property tax purposes.

KS HB2002

Providing countywide retailers' sales tax authority for Dickinson and Grant counties, providing for a sales tax exemption for area agencies on aging and purchases made by Kansas suicide prevention HQ, inc., providing that the secretary of revenue file a release of warrant in the county where such warrant is docketed, granting authority to the director of property valuation to develop qualifying courses and providing that certain tax notices and statements may be transmitted by electronic means by the county treasurer and county appraiser if consented to by the taxpayer.

KS SB410

Reducing penalties for the late filing of or the failure to file statements listing personal property for assessment and the discovery of escaped personal property and reporting changes after initial statement, allowing for filing of an appraisal by a certified residential real property appraiser for appeal purposes, accounting for adverse influences in the valuation of agricultural land, including properties used for registered agritourism activities as land devoted to agricultural use for purposes of classification, providing a property tax exemption for new electric generation facilities, additions and new pollution control devices and discontinuing certain current property tax exemptions, providing that county clerks are not required to send revenue neutral rate notices to property owners of exempt property, modifying and prescribing the contents of the revenue neutral rate hearing notice, permitting a tax levy that generates the same amount of revenue as the previous year when the final assessed valuation decreases compared to the estimated assessed valuation, requiring that the governing body's vote be conducted on the same day as the commencement of the public hearing, extending reimbursement from the taxpayer notification costs fund for printing and postage costs for calendar year 2024, providing income tax subtraction modifications for certain federal credit disallowances and the employee retention credit disallowance and to permit the carryforward of certain net operating losses, clarifying the disallowed business interest expense deduction, extending the time period for the single city port authority tax credit, decreasing penalties for failing to timely remit withholding income taxes of employees by employers, clarifying the determination of taxable income of an electing pass-through entity and providing for the passing through of tax credits to electing pass-through entity owners relating to the salt parity act, providing countywide retailers' sales tax authority for Rawlins, Marshall and Neosho counties and authorizing teleconference or video conference hearings in the small claims and expedited hearings division of the state board of tax appeals.

KS HB2815

Abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund, discontinuing certain transfers to the special city and county highway fund and decreasing rate of ad valorem tax imposed by a school district.

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