Session of 2023
HOUSE BILL No. 2387
By Committee on Commerce, Labor and Economic Development
2-9
AN ACT concerning economic development; relating to STAR bonds;
providing funding to replace lost food sales tax revenue for STAR bond
districts established prior to December 31, 2022, and modifying the tax
increment definition for such districts; authorizing STAR bond project
costs for historic theaters and major amusement parks to include certain
additional costs; extending the deadline for the report on STAR bonds
by the department of commerce to certain legislative committees;
amending K.S.A. 12-17,162 and 12-17,169 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Commencing on March 15, 2024, and on the 15
th
day of each month thereafter, for each STAR bond project district
established prior to December 31, 2022, the secretary of revenue shall
certify to the director of the budget and the director of accounts and reports
the amount of revenue that would have been generated from sales of food
and food ingredients if the state rate for the Kansas retailers' sales tax
provided in K.S.A. 79-3603, and amendments thereto, and the Kansas
compensating use tax provided in K.S.A. 79-3703, and amendments
thereto, on the sale of food and food ingredients had been 6.5%. The
secretary of revenue shall certify such amounts for the entirety of the
month that occurred two months prior.
(b) Commencing on March 25, 2024, and on the 25
th
day of each
month thereafter, the director of accounts and reports shall certify to the
state treasurer the amounts certified pursuant to subsection (a) for the
entirety of the previous month.
(c) Commencing on April 1, 2024, and on the 1
st
day of each month
thereafter, the state treasurer shall transfer from the state general fund to
the STAR bonds food sales tax revenue replacement fund the aggregate of
all amounts certified pursuant to subsection (b). The state treasurer shall
pay from the STAR bonds food sales tax revenue replacement fund to the
city bond finance fund the amount determined to account for the revenue
that would have been generated as certified pursuant to subsection (b) for
each jurisdiction.
(d) There is hereby created in the state treasury the STAR bonds food
sales tax revenue replacement fund. Such fund shall be administered by
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the state treasurer. All expenditures from the STAR bonds food sales tax
revenue replacement fund shall be made in accordance with appropriations
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the state treasurer or the state treasurer's
designee.
(e) This section shall be a part of and supplemental to the STAR
bonds financing act.
Sec. 2. K.S.A. 12-17,162 is hereby amended to read as follows: 12-
17,162. As used in the STAR bonds financing act, unless a different
meaning clearly appears from the context:
(a) "Auto race track facility" means: (1) An auto race track facility
and facilities directly related and necessary to the operation of an auto race
track facility, including, but not limited to, grandstands, suites and viewing
areas, concessions, souvenir facilities, catering facilities, visitor and retail
centers, signage and temporary hospitality facilities, but excluding (2)
hotels, motels, restaurants and retail facilities, not directly related to or
necessary to the operation of such facility.
(b) "Commence work" means the manifest commencement of actual
operations on the development site, such as, erecting a building,
excavating the ground to lay a foundation or a basement or work of like
description according to an approved plan of construction, with the
intention and purpose to continue work until the project is completed.
(c) "De minimis" means an amount less than 15% of the land area
within a STAR bond project district.
(d) "Developer" means any person, firm, corporation, partnership or
limited liability company other than a city and other than an agency,
political subdivision or instrumentality of the state. "Developer" includes
the names of the owners, partners, officers or principals of the developer
for purposes of inclusion of the name of the developer into any
application, document or report pursuant to this act if such application,
document or report is a public record.
(e) "Economic impact study" means a study to project the financial
benefit of the project to the local, regional and state economies.
(f) "Eligible area" means a historic theater, major amusement park
area, major tourism area, major motorsports complex, auto race track
facility, river walk canal facility, major multi-sport athletic complex, major
business facility or a major commercial entertainment and tourism area as
determined by the secretary.
(g) "Feasibility study" means a feasibility study as defined in K.S.A.
12-17,166(b), and amendments thereto.
(h) "Historic theater" means a building constructed prior to 1940 that
was constructed for the purpose of staging entertainment, including motion
pictures, vaudeville shows or operas, that is operated by a nonprofit
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corporation and is designated by the state historic preservation officer as
eligible to be on the Kansas register of historic places or is a member of
the Kansas historic theatre association.
(i) "Historic theater sales tax increment" means the amount of state
and local sales tax revenue imposed pursuant to K.S.A. 12-187 et seq., 79-
3601 et seq. and 79-3701 et seq., and amendments thereto, collected from
taxpayers doing business within the historic theater that is in excess of the
amount of such taxes collected prior to the designation of the building as a
historic theater for purposes of this act.
(j) "Major business facility" means a significant business
headquarters or office building development designed to draw a substantial
number of new visitors to Kansas and that has agreed to provide visitor
tracking data to the secretary as requested by the secretary, including, but
not limited to, residence zip code information, to be provided or held by
the secretary without personally identifiable information. A major business
facility shall meet sales tax increment revenue requirements that shall be
established by the secretary independent of any associated retail businesses
located in the STAR bond project district pursuant to the STAR bond
project plan.
(k) "Major commercial entertainment and tourism area" means an
area that may include, but not be limited to, a major multi-sport athletic
complex.
(l) "Major motorsports complex" means a complex in Shawnee
county that is utilized for the hosting of competitions involving motor
vehicles, including, but not limited to, automobiles, motorcycles or other
self-propelled vehicles other than a motorized bicycle or motorized
wheelchair. Such project may include racetracks, all facilities directly
related and necessary to the operation of a motorsports complex,
including, but not limited to, parking lots, grandstands, suites and viewing
areas, concessions, souvenir facilities, catering facilities, visitor and retail
centers, signage and temporary hospitality facilities, but excluding hotels,
motels, restaurants and retail facilities not directly related to or necessary
to the operation of such facility.
(m) "Major tourism area" means an area for which the secretary has
made a finding the capital improvements costing not less than
$100,000,000 will be built in the state to construct an auto race track
facility.
(n) "Major multi-sport athletic complex" means an athletic complex
that is utilized for the training of athletes, the practice of athletic teams, the
playing of athletic games or the hosting of events. Such project may
include playing fields, parking lots and other developments including
grandstands, suites and viewing areas, concessions, souvenir facilities,
catering facilities, visitor centers, signage and temporary hospitality
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facilities, but excluding hotels, motels, restaurants and retail facilities, not
directly related to or necessary to the operation of such facility.
(o) "Market study" means a study to determine the ability of the
project to gain market share locally, regionally and nationally and the
ability of the project to gain sufficient market share to:
(1) Remain profitable past the term of repayment; and
(2) maintain status as a significant factor for travel decisions.
(p) "Market impact study" means a study to measure the impact of the
proposed project on similar businesses in the project's market area.
(q) "Museum facility" means a separate newly-constructed museum
building and facilities directly related and necessary to the operation
thereof, including gift shops and restaurant facilities, but excluding hotels,
motels, restaurants and retail facilities not directly related to or necessary
to the operation of such facility. The museum facility shall be owned by
the state, a city, county, other political subdivision of the state or a non-
profit corporation, shall be managed by the state, a city, county, other
political subdivision of the state or a non-profit corporation and may not
be leased to any developer and shall not be located within any retail or
commercial building.
(r) "Project" means a STAR bond project.
(s) "Project costs" means those costs necessary to implement a STAR
bond project plan, including costs incurred for:
(1) Acquisition of real property within the STAR bond project area;
(2) payment of relocation assistance pursuant to a relocation
assistance plan as provided in K.S.A. 12-17,173, and amendments thereto;
(3) site preparation including utility relocations;
(4) sanitary and storm sewers and lift stations;
(5) drainage conduits, channels, levees and river walk canal facilities;
(6) street grading, paving, graveling, macadamizing, curbing,
guttering and surfacing;
(7) street light fixtures, connection and facilities;
(8) underground gas, water, heating and electrical services and
connections located within the public right-of-way;
(9) sidewalks and pedestrian underpasses or overpasses;
(10) drives and driveway approaches located within the public right-
of-way;
(11) water mains and extensions;
(12) plazas and arcades;
(13) parking facilities and multilevel parking structures devoted to
parking only;
(14) landscaping and plantings, fountains, shelters, benches,
sculptures, lighting, decorations and similar amenities;
(15) auto race track facility;
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(16) major multi-sport athletic complex;
(17) museum facility;
(18) major motorsports complex;
(19) rural redevelopment project, including costs incurred in
connection with the construction or renovation of buildings or other
structures;
(20) historic theater, including costs incurred in connection with the
construction or renovation of a historic theater and for any personal
property as defined in K.S.A. 79-102, and amendments thereto;
(21) major amusement park, including costs incurred in connection
with the construction or purchase of amusement rides, as defined in K.S.A.
44-1601, and amendments thereto;
(22) related expenses to redevelop and finance the project, except that
for a STAR bond project financed with special obligation bonds payable
from the revenues described in K.S.A. 12-17,169(a)(1), and amendments
thereto, such expenses shall require prior approval by the secretary of
commerce; and
(21)(23) except as specified in paragraphs (1) through (20) (22)
above, "project costs" does not include:
(A) Costs incurred in connection with the construction of buildings or
other structures;
(B) fees and commissions paid to developers, real estate agents,
financial advisors or any other consultants who represent the developers or
any other businesses considering locating in or located in a STAR bond
project district;
(C) salaries for local government employees;
(D) moving expenses for employees of the businesses locating within
the STAR bond project district;
(E) property taxes for businesses that locate in the STAR bond project
district;
(F) lobbying costs;
(G) any bond origination fee charged by the city or county;
(H) any personal property as defined in K.S.A. 79-102, and
amendments thereto; and
(I) travel, entertainment and hospitality.
(t) "Projected market area" means any area within the state in which
the project is projected to have a substantial fiscal or market impact upon
businesses in such area.
(u) "River walk canal facilities" means a canal and related water
features which flow through a major commercial entertainment and
tourism area and facilities related or contiguous thereto, including, but not
limited to, pedestrian walkways and promenades, landscaping and parking
facilities.
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(v) "Rural redevelopment project" means a project that is in an area
outside of a metropolitan area with a population of more than 50,000, that
is of regional importance, with capital investment of at least $3,000,000
and that will enhance the quality of life in the community and region.
(w) "Sales tax and revenue" are those revenues available to finance
the issuance of special obligation bonds as identified in K.S.A. 12-17,168,
and amendments thereto.
(x) "STAR bond" means a sales tax and revenue bond.
(y) "STAR bond project" means an approved project to implement a
project plan for the development of the established STAR bond project
district that:
(1) (A) Has at least a $75,000,000 capital investment and
$75,000,000 in projected gross annual sales; or
(B) for metropolitan areas with a population of between 50,000 and
75,000, has at least a $40,000,000 capital investment and $40,000,000 in
projected gross annual sales, if the project is deemed of high value by the
secretary; or
(2) for areas outside of metropolitan areas with a population of more
than 50,000, the secretary finds the project:
(A) Is an eligible area as defined in subsection (f); and
(B) would be of regional or statewide importance;
(3) is a major tourism area as defined in subsection (m);
(4) is a major motorsports complex, as defined in subsection (l); or
(5) is a rural redevelopment project as defined in subsection (v); or
(6) is a major amusement park as defined in subsection (hh).
(z) "STAR bond project area" means the geographic area within the
STAR bond project district in which there may be one or more projects.
(aa) "STAR bond project district" means the specific area declared to
be an eligible area as determined by the secretary in which the city or
county may develop one or more STAR bond projects. A "STAR bond
project district" includes a redevelopment district, as defined in K.S.A. 12-
1770a, and amendments thereto, created prior to the effective date of this
act for the Wichita Waterwalk project in Wichita, Kansas, provided, the
city creating such redevelopment district submits an application for
approval for STAR bond financing to the secretary on or before July 31,
2007, and receives a final letter of determination from the secretary
approving or disapproving the request for STAR bond financing on or
before November 1, 2007. No STAR bond project district shall include
real property which has been part of another STAR bond project district
unless such STAR bond project and STAR bond project district have been
approved by the secretary of commerce pursuant to K.S.A. 12-17,164 and
12-17,165, and amendments thereto, prior to March 1, 2016. A STAR bond
project district in a metropolitan area with a population of more than
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50,000, shall be a contiguous parcel of real estate and shall be limited to
those areas being developed by the STAR bond project and any area of
real property reasonably anticipated to directly benefit from the
redevelopment project.
(bb) "STAR bond project district plan" means the preliminary plan
that identifies all of the proposed STAR bond project areas and identifies
in a general manner all of the buildings, facilities and improvements in
each that are proposed to be constructed or improved in each STAR bond
project area.
(cc) "STAR bond project plan" means the plan adopted by a city or
county for the development of a STAR bond project or projects in a STAR
bond project district.
(dd) "Secretary" means the secretary of commerce.
(ee) "Substantial change" means, as applicable, a change wherein the
proposed plan or plans differ substantially from the intended purpose for
which the STAR bond project district plan was approved.
(ff) (1) "Tax increment" means that portion of the revenue derived
from state and local sales, use and transient guest tax imposed pursuant to
K.S.A. 12-187 et seq., 12-1692 et seq., 79-3601 et seq. and 79-3701 et
seq., and amendments thereto, collected from taxpayers doing business
within that portion of a STAR bond project district occupied by a project
that is in excess of the amount of base year revenue. For purposes of this
subsection, the base year shall be the 12-month period immediately prior
to the month in which the STAR bond project district is established. The
department of revenue shall determine base year revenue by reference to
the revenue collected during the base year from taxpayers doing business
within the specific area in which a STAR bond project district is
subsequently established. The base year of a STAR bond project district,
following the addition of area to the STAR bond project district, shall be
the base year for the original area, and with respect to the additional area,
the base year shall be any 12-month period immediately prior to the month
in which additional area is added to the STAR bond project district. For
purposes of this subsection, revenue collected from taxpayers doing
business within a STAR bond project district, or within a specific area in
which a STAR bond project district is subsequently established shall not
include local sales and use tax revenue that is sourced to jurisdictions other
than those in which the project is located. The secretary of revenue and the
secretary of commerce shall certify the appropriate amount of base year
revenue for taxpayers relocating from within the state into a STAR bond
district.
(2) For STAR bond project districts with a base year established
prior to December 31, 2022, there shall be added to the tax increment an
amount equal to the amount of state sales and use tax revenue that would
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have been derived from the sale of food and food ingredients within the
district. For STAR bond project districts established on or after December
31, 2022, the base year revenue shall not include revenue resulting from
state sales and use tax on the sale of food and food ingredients within the
district.
(gg) "Taxpayer" means a person, corporation, limited liability
company, S corporation, partnership, registered limited liability
partnership, foundation, association, nonprofit entity, sole proprietorship,
business trust, group or other entity that is subject to the Kansas income
tax act, K.S.A. 79-3201 et seq., and amendments thereto.
(hh) "Major amusement park" means a facility containing rides and
attractions that may include restaurants, retail establishments, hotels and
motels and upon which the secretary has made a finding that capital
improvements of not less than $100,000,000 will be built in the state to
construct the major amusement park.
(ii) "Major amusement park area" means an area containing a major
amusement park.
Sec. 3. K.S.A. 12-17,169 is hereby amended to read as follows: 12-
17,169. (a) (1) Any city or county shall have the power to issue special
obligation bonds in one or more series to finance the undertaking of any
STAR bond project in accordance with the provisions of this act. Rural
redevelopment projects, as defined in K.S.A. 12-17,162, and amendments
thereto, may also be financed without the issuance of special obligation
bonds up to an amount not to exceed $10,000,000 for each project. Such
special obligation bonds or rural redevelopment project costs shall be
made payable, both as to principal and interest:
(A) From revenues of the city or county derived from or held in
connection with the undertaking and carrying out of any STAR bond
project or projects under this act including historic theater sales tax
increments;
(B) from any private sources, contributions or other financial
assistance from the state or federal government;
(C) from a pledge of 100% of the tax increment revenue received by
the city from any local sales and use taxes, including the city's share of any
county sales tax, which are collected from taxpayers doing business within
that portion of the city's STAR bond project district established pursuant to
K.S.A. 12-17,165, and amendments thereto, occupied by a STAR bond
project, except for amounts committed to other uses by election of voters
or pledged to bond repayment prior to the approval of the STAR bond
project;
(D) at the option of the county in a city STAR bond project district,
from a pledge of all of the tax increment revenues received by the county
from any local sales and use taxes which are collected from taxpayers
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doing business within that portion of the city's STAR bond project district
established pursuant to K.S.A. 12-17,165, and amendments thereto, except
for amounts committed to other uses by election of voters or pledged to
bond repayment prior to the approval of a STAR bond project;
(E) in a county STAR bond project district, from a pledge of 100% of
the tax increment revenue received by the county from any county sales
and use tax, but excluding any portions of such taxes that are allocated to
the cities in such county pursuant to K.S.A. 12-192, and amendments
thereto, which are collected from taxpayers doing business within that
portion of the county's STAR bond project district established pursuant to
K.S.A. 12-17,165, and amendments thereto, occupied by a STAR bond
project;
(F) from a pledge of all or a portion of the tax increment revenue
received from any state sales taxes which are collected from taxpayers
doing business within that portion of the city's or county's STAR bond
project district occupied by a STAR bond project, except that for any
STAR bond project district established and approved by the secretary on or
after January 1, 2017, such tax increment shall not include any sales tax
revenue from retail automobile dealers, and except that for any STAR
bond project district established after July 1, 2021, with existing sales tax
revenue at the time the district was established, such pledge shall not
exceed 90% of the new tax increment revenue that is in excess of the base
existing sales tax revenue received from any state sales taxes;
(G) at the option of the city or county and with approval of the
secretary, from all or a portion of the transient guest tax of such city or
county;
(H) at the option of the city or county and with approval of the
secretary: (i) From a pledge of all or a portion of increased revenue
received by the city or county from franchise fees collected from utilities
and other businesses using public right-of-way within the STAR bond
project district; or (ii) from a pledge of all or a portion of the revenue
received by a city or county from local sales taxes or local transient guest
and local use taxes; or
(I) by any combination of these methods.
The city or county may pledge such revenue to the repayment of such
special obligation bonds prior to, simultaneously with, or subsequent to the
issuance of such special obligation bonds.
(2) Bonds issued under subsection (a)(1) shall not be general
obligations of the city or the county, nor in any event shall they give rise to
a charge against its general credit or taxing powers, or be payable out of
any funds or properties other than any of those set forth in subsection (a)
(1) and such bonds shall so state on their face.
(3) Bonds issued under the provisions of subsection (a)(1) shall be
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special obligations of the city or county and are declared to be negotiable
instruments. Such bonds shall be executed by the mayor and clerk of the
city or the chairperson of the board of county commissioners and the
county clerk and sealed with the corporate seal of the city or county. All
details pertaining to the issuance of such special obligation bonds and
terms and conditions thereof shall be determined by ordinance of the city
or by resolution of the county.
All special obligation bonds issued pursuant to this act and all income
or interest therefrom shall be exempt from all state taxes. Such special
obligation bonds shall contain none of the recitals set forth in K.S.A. 10-
112, and amendments thereto. Such special obligation bonds shall,
however, contain the following recitals: (i) The authority under which such
special obligation bonds are issued; (ii) such bonds are in conformity with
the provisions, restrictions and limitations thereof; and (iii) that such
special obligation bonds and the interest thereon are to be paid from the
money and revenue received as provided in subsection (a)(1).
(4) Any city or county issuing special obligation bonds under the
provisions of this act may refund all or part of such issue pursuant to the
provisions of K.S.A. 10-116a, and amendments thereto.
(b) (1) Subject to the provisions of subsection (b)(2), any city shall
have the power to issue full faith and credit tax increment bonds to finance
the undertaking, establishment or redevelopment of any major motorsports
complex, as defined in K.S.A. 12-17,162, and amendments thereto. Such
full faith and credit tax increment bonds shall be made payable, both as to
principal and interest: (A) From the revenue sources identified in
subsection (a)(1) or by any combination of these sources; and (B) subject
to the provisions of subsection (b)(2), from a pledge of the city's full faith
and credit to use its ad valorem taxing authority for repayment thereof in
the event all other authorized sources of revenue are not sufficient.
(2) Except as provided in subsection (b)(3), before the governing
body of any city proposes to issue full faith and credit tax increment bonds
as authorized by this subsection, the feasibility study required by K.S.A.
12-17,166(b), and amendments thereto, shall demonstrate that the benefits
derived from the project will exceed the cost and that the income
therefrom will be sufficient to pay the costs of the project. No full faith
and credit tax increment bonds shall be issued unless the governing body
states in the resolution required by K.S.A. 12-17,166(e), and amendments
thereto, that it may issue such bonds to finance the proposed STAR bond
project. The governing body may issue the bonds unless within 60 days
following the conclusion of the public hearing on the proposed STAR
bond project plan a protest petition signed by 3% of the qualified voters of
the city is filed with the city clerk in accordance with the provisions of
K.S.A. 25-3601 et seq., and amendments thereto. If a sufficient petition is
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filed, no full faith and credit tax increment bonds shall be issued until the
issuance of the bonds is approved by a majority of the voters voting at an
election thereon. Such election shall be called and held in the manner
provided by the general bond law. The failure of the voters to approve the
issuance of full faith and credit tax increment bonds shall not prevent the
city from issuing special obligation bonds in accordance with this section.
No such election shall be held in the event the board of county
commissioners or the board of education determines, as provided in
K.S.A. 12-17,165, and amendments thereto, that the proposed STAR bond
project district will have an adverse effect on the county or school district.
(3) As an alternative to subsection (b)(2), any city which adopts a
STAR bond project plan for a major motorsports complex, but does not
state its intent to issue full faith and credit tax increment bonds in the
resolution required by K.S.A. 12-17,166(e), and amendments thereto, and
has not acquired property in the STAR bond project area may issue full
faith and credit tax increment bonds if the governing body of the city
adopts a resolution stating its intent to issue the bonds and the issuance of
the bonds is approved by a majority of the voters voting at an election
thereon. Such election shall be called and held in the manner provided by
the general bond law. The failure of the voters to approve the issuance of
full faith and credit tax increment bonds shall not prevent the city from
issuing special obligation bonds pursuant to subsection (a)(1). Any project
plan adopted by a city prior to the effective date of this act in accordance
with K.S.A. 12-1772, and amendments thereto, shall not be invalidated by
any requirements of this act.
(4) During the progress of any major motorsports complex project in
which the project costs will be financed, in whole or in part, with the
proceeds of full faith and credit tax increment bonds, the city may issue
temporary notes in the manner provided in K.S.A. 10-123, and
amendments thereto, to pay the project costs for the major motorsports
complex project. Such temporary notes shall not be issued and the city
shall not acquire property in the STAR bond project area until the
requirements of subsection (b)(2) or (b)(3), whichever is applicable, have
been met.
(5) Full faith and credit tax increment bonds issued under this
subsection shall be general obligations of the city and are declared to be
negotiable instruments. Such bonds shall be issued in accordance with the
general bond law. All such bonds and all income or interest therefrom shall
be exempt from all state taxes. The amount of the full faith and credit tax
increment bonds issued and outstanding which exceeds 3% of the assessed
valuation of the city shall be within the bonded debt limit applicable to
such city.
(6) Any city issuing full faith and credit tax increment bonds under
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the provisions of this subsection may refund all or part of such issue
pursuant to the provisions of K.S.A. 10-116a, and amendments thereto.
(c) (1) For each project financed with special obligation bonds
payable from the revenues described in subsection (a)(1), the city or
county shall prepare and submit to the secretary by October 1 of each year,
a report describing the status of any projects within such STAR bond
project area, any expenditures of the proceeds of special obligation bonds
that have occurred since the last annual report and any expenditures of the
proceeds of such bonds expected to occur in the future, including the
amount of sales tax revenue, how such revenue has been spent, the
projected amount of such revenue, the anticipated use of such revenue and
the names of the owners, partners, officers or principals of any developer
and of any associated business partners of any developer that are involved
in the STAR bond project. The department of commerce shall compile this
information and submit a report annually to the governor and the
legislature by February 1 of each year.
(2) (A) In addition to the report referenced in paragraph (1), the
department of commerce, in cooperation with the department of revenue,
shall submit a report to the senate commerce committee and the house of
representatives commerce, labor and economic development committee by
January March 31 of each session. The report shall include the following
information for the last three calendar years and the most current year-to-
date information available with respect to each STAR bond district:
(i) The gross annual sales, gross annual sales projected pursuant to
the STAR bond project plan and feasibility study, gross annual sales
required to meet bond debt service requirements and other expenses,
amount of sales tax collected and the amount of any "base" sales taxes
being allocated to the district;
(ii) the total amount of bond payments and other expenses incurred;
(iii) the total amount of bonds issued and the balance of the bonds, by
district and by project in the district;
(iv) the remaining cash balance in the project to pay future debt
service and other expenses;
(v) any new income producing properties being brought into a district
and the base revenue going to the state general fund and incremental sales
tax increases going to the district with respect to such properties;
(vi) the amount of bonds issued to repay private investors in the
project with calculations showing the private and state share of
indebtedness;
(vii) the percentage of local effort sales tax actually committed to the
district compared to the state's share of sales tax percentage committed to
the district;
(viii) the number of out-of-state visitors to a project and description
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of the data gathered pursuant to the visitor tracking plan, including, but not
limited to, residence zip code data, a discussion of the visitor attraction
properties of projects in the districts, and a comparison of the number of
out-of-state visitors with the number of in-state visitors; and
(ix) if any information or data is not available, an explanation as to
why it is not available.
(B) Either the senate commerce committee or the house committee on
commerce, labor and economic development may amend the information
required in the report with additional requests and clarification on a going
forward basis.
(3) Cities, counties and developers shall provide all information
requested by the secretary for the secretary's database as provided by
K.S.A. 2022 Supp. 74-50,227, and amendments thereto. If the city or
county has a website, a conspicuous link directly to the information
pertaining to the city or county's STAR bond project on the secretary's
database shall be placed on the city's or county's website. A separate link
shall be provided for each STAR bond project of the city or county.
(d) The reports pursuant to subsection (c)(1) and (2) shall include a
description of all state, federal and local tax incentives that apply within
the STAR bond district or to any business located in the district.
(e) A city or county may use the proceeds of special obligation bonds
or any uncommitted funds derived from sources set forth in this section to
pay the bond project costs as defined in K.S.A. 12-17,162, and
amendments thereto, to implement the STAR bond project plan.
(f) With respect to a STAR bond project district established prior to
January 1, 2003, for which, prior to January 1, 2003, the secretary made a
finding as provided in subsection (a) that a STAR bond project would
create a major tourism area for the state, such special obligation bonds
shall be payable both as to principal and interest, from a pledge of all of
the revenue from any transient guest, state and local sales and use taxes
collected from taxpayers as provided in subsection (a) whether or not
revenues from such taxes are received by the city.
Sec. 4. K.S.A. 12-17,162 and 12-17,169 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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