Kansas 2023-2024 Regular Session

Kansas House Bill HB2844 Compare Versions

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11 Session of 2024
22 HOUSE BILL No. 2844
33 By Committee on Taxation
44 Requested by Representative A. Smith
55 3-19
66 AN ACT concerning taxation; relating to income tax; modifying tax rates
77 for individuals; increasing the income limit to qualify for a subtraction
88 modification for social security income; increasing the Kansas standard
99 deduction and Kansas personal exemption and further increasing by a
1010 cost-of-living adjustment; relating to privilege tax; decreasing the
1111 normal tax rate; relating to property tax; increasing the extent of
1212 exemption for residential property from the statewide school levy;
1313 decreasing the rate of ad valorem tax imposed by a school district;
1414 abolishing the local ad valorem tax reduction fund and the county and
1515 city revenue sharing fund; amending K.S.A. 65-163j, 65-3306, 65-
1616 3327, 75-2556, 79-1107, 79-1108 and 79-1479 and K.S.A. 2023 Supp.
1717 72-5142, 74-8768, 79-201x, 79-2988, 79-32,110, 79-32,117, 79-32,119
1818 and 79-32,121 and repealing the existing sections; also repealing
1919 K.S.A. 19-2694, 79-2960, 79-2961, 79-2962, 79-2965, 79-2966 and 79-
2020 2967 and K.S.A. 2023 Supp. 79-2959 and 79-2964.
2121 Be it enacted by the Legislature of the State of Kansas:
2222 New Section 1. On July 1, 2024, the director of accounts and reports
2323 shall transfer all moneys in the local ad valorem tax reduction fund to the
2424 state general fund. On July 1, 2024, all liabilities of the local ad valorem
2525 tax reduction fund are hereby transferred to and imposed on the state
2626 general fund, and the local ad valorem tax reduction fund is hereby
2727 abolished.
2828 New Sec. 2. On July 1, 2024, the director of accounts and reports
2929 shall transfer all moneys in the county and city revenue sharing fund to the
3030 state general fund. On July 1, 2024, all liabilities of the county and city
3131 revenue sharing fund are hereby transferred to and imposed on the state
3232 general fund, and the county and city revenue sharing fund is hereby
3333 abolished.
3434 Sec. 3. K.S.A. 65-163j is hereby amended to read as follows: 65-163j.
3535 (a) The dedicated source of revenue for repayment of a loan to a
3636 municipality may include service charges, connection fees, special
3737 assessments, property taxes, grants or any other source of revenue lawfully
3838 available to the municipality for such purpose. In order to ensure
3939 repayment by municipalities of the amounts of loans provided under this
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7575 act, the secretary, after consultation with the governing body of any
7676 municipality which that receives a loan, may adopt charges to be levied
7777 against individuals and entities served by the project. Any such charges
7878 shall remain in effect until the total amount of the loan, and any interest
7979 thereon, has been repaid. The charges shall, insofar as is practicable, be
8080 equitably assessed and may be in the form of a surcharge to the existing
8181 charges of the municipality. The governing body of any municipality
8282 which that receives a loan under this act shall collect any charges
8383 established by the secretary and shall pay the moneys collected therefrom
8484 to the secretary in accordance with procedures established by the secretary.
8585 (b) Upon the failure of a municipality to meet the repayment terms
8686 and conditions of the agreement, the secretary may order the treasurer of
8787 the county in which the municipality is located to pay to the secretary such
8888 portion of the municipality's share of the local ad valorem tax reduction
8989 fund as may be necessary to meet the terms of the agreement,
9090 notwithstanding the provisions of K.S.A. 79-2960 and 79-2961, and
9191 amendments thereto. Upon the issuance of such an order, the municipality
9292 shall not be required to make the tax levy reductions otherwise required by
9393 K.S.A. 79-2960 and 79-2961, and amendments thereto.
9494 (c) Municipalities which that are provided with loans under this act
9595 shall maintain project accounts in accordance with generally accepted
9696 government accounting standards.
9797 (d)(c) Any loans received by a municipality under the provisions of
9898 this act shall be construed to be bonds for the purposes of K.S.A. 10-1116
9999 and 79-5028, and amendments thereto, and the amount of such loans shall
100100 not be included within any limitation on the bonded indebtedness of the
101101 municipality.
102102 Sec. 4. K.S.A. 65-3306 is hereby amended to read as follows: 65-
103103 3306. The secretary's annual request for appropriations to the water
104104 pollution control account shall be based on an estimate of the fiscal needs
105105 for the ensuing budget year, less any amounts received by the secretary
106106 from any public or private grants or contributions and moneys in such
107107 account shall be used solely for the purposes provided for by this act.
108108 Moneys allocated to a municipality shall be encumbered as an expenditure
109109 of this account upon the formal letting of a contract for the improvement
110110 notwithstanding the date on which when actual payment is made of the
111111 state financial assistance. Any municipality may contribute moneys to the
112112 state water pollution control account. If there are no uncommitted or
113113 unencumbered moneys in the water pollution control account, any
114114 municipality applying for any water pollution control project as defined in
115115 K.S.A. 65-3302, and amendments thereto, shall as a condition of such
116116 application certify in writing to the secretary that a contribution in the
117117 amount of twenty-five percent (25%) of the eligible cost of such project
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161161 will be made to the water pollution control account by such municipality
162162 prior to formal letting of a construction contract. Upon receipt by the
163163 secretary, each such contribution shall be retained in a subaccount of the
164164 water pollution control account for use solely in the project for which the
165165 municipality has made application.
166166 Notwithstanding the provisions of K.S.A. 79-2960 and 79-2961, any
167167 municipality applying for such a water pollution control project may make
168168 such contribution from all or such part of its share of the local ad valorem
169169 tax reduction fund as may be necessary for such purpose, and to the extent
170170 such fund is pledged and used for such purpose the municipality shall not
171171 be required to make the tax levy reductions otherwise required by K.S.A.
172172 79-2960 and 79-2961. Taxes levied by any municipality by reason of its
173173 failure to make such reduction in its levies shall not be subject to or be
174174 considered in computing the aggregate limitation upon the levy of taxes by
175175 such municipality under the provisions of K.S.A. 79-5003.
176176 Sec. 5. K.S.A. 65-3327 is hereby amended to read as follows: 65-
177177 3327. (a) The dedicated source of revenue for repayment of the loans may
178178 include service charges, connection fees, special assessments, property
179179 taxes, grants or any other source of revenue lawfully available to the
180180 municipality for such purpose. In order to ensure repayment by
181181 municipalities of the amounts of loans provided under K.S.A. 65-3321
182182 through 65-3329, and amendments thereto, the secretary, after consultation
183183 with the governing body of any municipality which receives a loan, may
184184 adopt charges to be levied against users of the project. Any such charges
185185 shall remain in effect until the total amount of the loan, and any interest
186186 thereon, has been repaid. The charges shall, insofar as is practicable, be
187187 equitably assessed and may be in the form of a surcharge to the existing
188188 charges of the municipality. The governing body of any municipality
189189 which receives a loan under K.S.A. 65-3321 through 65-3329, and
190190 amendments thereto, shall collect any charges established by the secretary
191191 and shall pay the moneys collected therefrom to the secretary in
192192 accordance with procedures established by the secretary.
193193 (b) Upon the failure of a municipality to meet the repayment terms
194194 and conditions of the agreement, the secretary may order the treasurer of
195195 the county in which the municipality is located to pay to the secretary such
196196 portion of the municipality's share of the local ad valorem tax reduction
197197 fund as may be necessary to meet the terms of the agreement,
198198 notwithstanding the provisions of K.S.A. 79-2960 and 79-2961 and
199199 amendments thereto. Upon the issuance of such an order, the municipality
200200 shall not be required to make the tax levy reductions otherwise required by
201201 K.S.A. 79-2960 and 79-2961 and amendments thereto.
202202 (c) Municipalities which that are provided with loans under K.S.A.
203203 65-3321 through 65-3329, and amendments thereto, shall maintain project
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247247 accounts in accordance with generally accepted government accounting
248248 standards.
249249 (d)(c) Municipalities which that receive a grant and an allowance
250250 under the federal act with respect to project costs for which a loan was
251251 provided under K.S.A. 65-3321 through 65-3329, and amendments
252252 thereto, shall promptly repay such loan to the extent of the allowance
253253 received under the federal act.
254254 (e)(d) Any loans received by a municipality under the provisions of
255255 K.S.A. 65-3321 through 65-3329, and amendments thereto, shall be
256256 construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028,
257257 and amendments thereto, and the amount of such loans shall not be
258258 included within any limitation on the bonded indebtedness of the
259259 municipality.
260260 Sec. 6. K.S.A. 2023 Supp. 72-5142 is hereby amended to read as
261261 follows: 72-5142. (a) The board of education of each school district shall
262262 levy an ad valorem tax upon the taxable tangible property of the school
263263 district in the school years specified in subsection (b) for the purpose of:
264264 (1) Financing that portion of the school district's general fund budget
265265 that is not financed from any other source provided by law;
266266 (2) paying a portion of the costs of operating and maintaining public
267267 schools in partial fulfillment of the constitutional obligation of the
268268 legislature to finance the educational interests of the state; and
269269 (3) with respect to any redevelopment school district established prior
270270 to July 1, 1997, pursuant to K.S.A. 12-1771, and amendments thereto,
271271 paying a portion of the principal and interest on bonds issued by cities
272272 under authority of K.S.A. 12-1774, and amendments thereto, for the
273273 financing of redevelopment projects upon property located within the
274274 school district.
275275 (b) The tax required under subsection (a) shall be levied at a rate of
276276 20 18 mills in the school years 2023-2024 and 2024-2025 and 2025-2026.
277277 (c) The proceeds from the tax levied by a district under authority of
278278 this section, except the proceeds of such tax levied for the purpose
279279 described in subsection (a)(3), shall be remitted to the state treasurer in
280280 accordance with the provisions of K.S.A. 75-4215, and amendments
281281 thereto. Upon receipt of each such remittance, the state treasurer shall
282282 deposit the entire amount in the state treasury to the credit of the state
283283 school district finance fund.
284284 (d) No school district shall proceed under K.S.A. 79-1964, 79-1964a
285285 or 79-1964b, and amendments thereto.
286286 Sec. 7. K.S.A. 2023 Supp. 74-8768 is hereby amended to read as
287287 follows: 74-8768. (a) There is hereby created the expanded lottery act
288288 revenues fund in the state treasury. All expenditures and transfers from
289289 such fund shall be made in accordance with appropriation acts. All moneys
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333333 credited to such fund shall be expended or transferred only for the
334334 purposes of reduction of state debt, state infrastructure improvements, the
335335 university engineering initiative act, reduction of local ad valorem tax in
336336 the same manner as provided for allocation of amounts in the local ad
337337 valorem tax reduction fund and reduction of the unfunded actuarial
338338 liability of the system attributable to the state of Kansas and participating
339339 employers under K.S.A. 74-4931, and amendments thereto, by the Kansas
340340 public employees retirement system.
341341 (b) On July 1, 2021, July 1, 2022, July 1, 2023, July 1, 2024, July 1,
342342 2025, July 1, 2026, July 1, 2027, July 1, 2028, July 1, 2029, July 1, 2030,
343343 and July 1, 2031, or as soon thereafter such date as moneys are available,
344344 the first $10,500,000 credited to the expanded lottery act revenues fund
345345 shall be transferred by the director of accounts and reports from the
346346 expanded lottery act revenues fund in one or more substantially equal
347347 amounts, to each of the following: The Kan-grow engineering fund – KU,
348348 Kan-grow engineering fund – KSU and Kan-grow engineering fund –
349349 WSU. Each such special revenue fund shall receive $3,500,000 annually in
350350 each of such years. Commencing in fiscal year 2014, after such transfer
351351 has been made, 50% of the remaining moneys credited to the fund shall be
352352 transferred on a quarterly basis by the director of accounts and reports
353353 from the fund to the Kansas public employees retirement system fund to
354354 be applied to reduce the unfunded actuarial liability of the system
355355 attributable to the state of Kansas and participating employers under
356356 K.S.A. 74-4931 et seq., and amendments thereto, until the system as a
357357 whole attains an 80% funding ratio as certified by the board of trustees of
358358 the Kansas public employees retirement system.
359359 Sec. 8. K.S.A. 75-2556 is hereby amended to read as follows: 75-
360360 2556. (a) The state librarian shall determine the amount of the grant-in-aid
361361 each eligible local public library is to receive based on the latest
362362 population census figures as certified by the division of the budget.
363363 (b) Except as provided by subsection (d), no local public library shall
364364 be eligible for any state grants-in-aid if the total amount of the following
365365 paragraphs is less than the total amount produced from such sources for
366366 the same library for the previous year, based on the information contained
367367 in the official annual budgets of municipalities that are filed with the
368368 division of accounts and reports in accordance with K.S.A. 79-2930, and
369369 amendments thereto:
370370 (1) The amount produced by the local ad valorem tax levies for the
371371 current year expenses for such library;
372372 (2) the amount of moneys received from the local ad valorem tax
373373 reduction fund for current year expenses for such library;
374374 (3) the amount of moneys received from taxes levied upon motor
375375 vehicles under the provisions of K.S.A. 79-5101 et seq., and amendments
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419419 thereto, for current year expenses for such library; and
420420 (4)(3) the amount of moneys received in the current year from
421421 collections of unpaid local ad valorem tax levies for prior year expenses
422422 for such library.
423423 (c) Local public library districts in which the assessed valuation
424424 decreases shall remain eligible for state grants-in-aid so long as the ad
425425 valorem tax mill rate for the support of such library has not been reduced
426426 below the mill rate imposed for such purpose for the previous year.
427427 (d) If a local public library fails to qualify for eligibility for any state
428428 grants-in-aid under subsection (b), the state librarian shall have the power
429429 to continue the eligibility of a local public library for any state grants-in-
430430 aid if the state librarian, after evaluation of all the circumstances,
431431 determines that the legislative intent for maintenance of local tax levy
432432 support for the on-going operations of the library is being met by the
433433 library district.
434434 (e) The distribution so determined shall be apportioned and paid on
435435 February 15 of each year.
436436 Sec. 9. K.S.A. 2023 Supp. 79-201x is hereby amended to read as
437437 follows: 79-201x. (a) For taxable year 2022 2024, and all taxable years
438438 thereafter, the following described property, to the extent herein specified,
439439 shall be and is hereby exempt from the property tax levied pursuant to the
440440 provisions of K.S.A. 72-5142, and amendments thereto: Property used for
441441 residential purposes to the extent of $40,000 $80,000 of its appraised
442442 valuation.
443443 (b) For taxable year 2023 2025, and all taxable years thereafter, the
444444 dollar amount of the extent of appraised valuation that is exempt pursuant
445445 to subsection (a) and any subsequent changes pursuant to this subsection
446446 shall be adjusted to reflect the average percentage change in statewide
447447 residential valuation of all residential real property for the preceding 10
448448 years. Such average percentage change shall not be less than zero. The
449449 director of property valuation shall calculate the average percentage
450450 change for purposes of this annual adjustment and calculate the dollar
451451 amount of the extent of appraised valuation that is exempt pursuant to this
452452 section each year.
453453 Sec. 10. K.S.A. 79-1107 is hereby amended to read as follows: 79-
454454 1107. (a) Every national banking association and state bank located or
455455 doing business within the state shall pay to the state for the privilege of
456456 doing business within the state a tax according to or measured by its net
457457 income for the next preceding taxable year to be computed as provided in
458458 this act. Such tax shall consist of a normal tax and a surtax and shall be
459459 computed as follows:
460460 (a)(1) (A) For tax year 2024, the normal tax shall be an amount equal
461461 to 2 
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463463 /4% 2.25% of such net income; and
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507507 (B) for tax year 2025, and all tax years thereafter, the normal tax
508508 shall be an amount equal to 1.63% of such net income; and
509509 (b)(2) the surtax shall be an amount equal to 2 
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512512 net income in excess of $25,000.
513513 (b) The tax levied shall be in lieu of ad valorem taxes which might
514514 otherwise be imposed by the state or political subdivisions thereof upon
515515 shares of capital stock or the intangible assets of national banking
516516 associations and state banks.
517517 Sec. 11. K.S.A. 79-1108 is hereby amended to read as follows: 79-
518518 1108. (a) Every trust company and savings and loan association located or
519519 doing business within the state shall pay to the state for the privilege of
520520 doing business within the state a tax according to or measured by its net
521521 income for the next preceding taxable year to be computed as provided in
522522 this act. Such tax shall consist of a normal tax and a surtax and shall be
523523 computed as follows:
524524 (a)(1) (A) For tax year 2024, the normal tax on every trust company
525525 and savings and loan association shall be an amount equal to 2 
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527527 /4% 2.25%
528528 of such net income; and
529529 (B) for tax year 2025, and all tax years thereafter, the normal tax on
530530 every trust company and savings and loan association shall be an amount
531531 equal to 1.61% of such net income; and
532532 (b)(2) the surtax on every trust company and savings and loan
533533 association shall be an amount equal to 2
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535535 /4% 2.25% of such net income in
536536 excess of $25,000.
537537 (b) The tax levied shall be in lieu of ad valorem taxes which might
538538 otherwise be imposed by the state or political subdivision thereof upon
539539 shares of capital stock or other intangible assets of trust companies and
540540 savings and loan associations.
541541 Sec. 12. K.S.A. 79-1479 is hereby amended to read as follows: 79-
542542 1479. (a) On or before January 15, 1992, and quarterly thereafter, the
543543 county or district appraiser shall submit to the director of property
544544 valuation a progress report indicating actions taken during the preceding
545545 quarter calendar year to implement the appraisal of property in the county
546546 or district. Whenever the director of property valuation shall determine
547547 that any county has failed, neglected or refused to properly provide for the
548548 appraisal of property or the updating of the appraisals on an annual basis in
549549 substantial compliance with the provisions of law and the guidelines and
550550 timetables prescribed by the director, the director shall file with the state
551551 board of tax appeals a complaint stating the facts upon which the director
552552 has made the determination of noncompliance as provided by K.S.A. 79-
553553 1413a, and amendments thereto. If, as a result of such proceeding, the state
554554 board of tax appeals finds that the county is not in substantial compliance
555555 with the provisions of law and the guidelines and timetables of the director
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599599 of property valuation providing for the appraisal of all property in the
600600 county or the updating of the appraisals on an annual basis, it shall order
601601 the immediate assumption of the duties of the office of county appraiser by
602602 the director of the division of property valuation until such time as the
603603 director of property valuation determines that the county is in substantial
604604 compliance with the provisions of law. In addition, the board shall order
605605 the state treasurer to withhold all or a portion of the county's entitlement to
606606 moneys from either or both of the local ad valorem tax reduction fund and
607607 the city and county revenue sharing fund for the year following the year in
608608 which the order is issued. Upon service of any such order on the board of
609609 county commissioners, the appraiser shall immediately deliver to the
610610 director of property valuation, or the director's designee, all books, records
611611 and papers pertaining to the appraiser's office.
612612 Any county for which the director of the division of property valuation
613613 is ordered by the state board of tax appeals to assume the responsibility
614614 and duties of the office of county appraiser shall reimburse the state for the
615615 actual costs incurred by the director of the division of property valuation in
616616 the assumption and carrying out of such responsibility and duties,
617617 including any contracting costs in the event it is necessary for the director
618618 of property valuation to contract with private appraisal firms to carry out
619619 such responsibilities and duties.
620620 (b) On or before June 1 of each year, the director of property
621621 valuation shall review the appraisal of property in each county or district
622622 to determine if property within the county or district is being appraised or
623623 valued in accordance with the requirements of law. If the director
624624 determines the property in any county or district is not being appraised in
625625 accordance with the requirements of law, the director of property valuation
626626 shall notify the county or district appraiser and the board of county
627627 commissioners of any county or counties affected that the county has 30
628628 days within which to submit to the director a plan for bringing the
629629 appraisal of property within the county into compliance.
630630 If a plan is submitted and approved by the director the county or district
631631 shall proceed to implement the plan as submitted. The director shall
632632 continue to monitor the program to insure that the plan is implemented as
633633 submitted. If no plan is submitted or if the director does not approve the
634634 plan, the director shall petition the state board of tax appeals for a review
635635 of the plan or, if no plan is submitted, for authority for the division of
636636 property valuation to assume control of the appraisal program of the
637637 county and to proceed to bring the same into compliance with the
638638 requirements of law.
639639 If the state board of tax appeals approves the plan, the county or district
640640 appraiser shall proceed to implement the plan as submitted. If no plan has
641641 been submitted or the plan submitted is not approved, the board shall fix a
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685685 time within which the county may submit a plan or an amended plan for
686686 approval. If no plan is submitted and approved within the time prescribed
687687 by the board, the board shall order the division of property valuation to
688688 assume control of the appraisal program of the county and shall certify its
689689 order to the state treasurer who shall withhold distributions of the county's
690690 share of moneys from the county and city revenue sharing fund and the
691691 local ad valorem tax reduction fund and credit the same to the general fund
692692 of the state for the year following the year in which the board's order is
693693 made. The director of property valuation shall certify the amount of the
694694 cost incurred by the division in bringing the program in compliance to the
695695 state board of tax appeals. The board shall order the county commissioners
696696 to reimburse the state for such costs.
697697 (c) The state board of tax appeals shall within 60 days after the
698698 publication of the Kansas assessment/sales ratio study review such
699699 publication to determine county compliance with K.S.A. 79-1439, and
700700 amendments thereto. If in the determination of the board one or more
701701 counties are not in substantial compliance and the director of property
702702 valuation has not acted under subsection (b), the board shall order the
703703 director of property valuation to take such corrective action as is necessary
704704 or to show cause for noncompliance.
705705 Sec. 13. K.S.A. 2023 Supp. 79-2988 is hereby amended to read as
706706 follows: 79-2988. (a) On or before June 15 each year, the county clerk
707707 shall calculate the revenue neutral rate for each taxing subdivision and
708708 include such revenue neutral rate on the notice of the estimated assessed
709709 valuation provided to each taxing subdivision for budget purposes. The
710710 director of accounts and reports shall modify the prescribed budget
711711 information form to show the revenue neutral rate.
712712 (b) No tax rate in excess of the revenue neutral rate shall be levied by
713713 the governing body of any taxing subdivision unless a resolution or
714714 ordinance has been approved by the governing body according to the
715715 following procedure:
716716 (1) At least 10 days in advance of the public hearing, the governing
717717 body shall publish notice of its proposed intent to exceed the revenue
718718 neutral rate by publishing notice:
719719 (A) On the website of the governing body, if the governing body
720720 maintains a website; and
721721 (B) in a weekly or daily newspaper of the county having a general
722722 circulation therein. The notice shall include, but not be limited to, its
723723 proposed tax rate, its revenue neutral rate and the date, time and location
724724 of the public hearing.
725725 (2) On or before July 20, the governing body shall notify the county
726726 clerk of its proposed intent to exceed the revenue neutral rate and provide
727727 the date, time and location of the public hearing and its proposed tax rate.
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771771 For all tax years commencing after December 31, 2021, the county clerk
772772 shall notify each taxpayer with property in the taxing subdivision, by mail
773773 directed to the taxpayer's last known address, of the proposed intent to
774774 exceed the revenue neutral rate at least 10 days in advance of the public
775775 hearing. Alternatively, the county clerk may transmit the notice to the
776776 taxpayer by electronic means at least 10 days in advance of the public
777777 hearing, if such taxpayer and county clerk have consented in writing to
778778 service by electronic means. The county clerk shall consolidate the
779779 required information for all taxing subdivisions relevant to the taxpayer's
780780 property on one notice. The notice shall be in a format prescribed by the
781781 director of accounts and reports. The notice shall include, but not be
782782 limited to:
783783 (A) The revenue neutral rate of each taxing subdivision relevant to
784784 the taxpayer's property;
785785 (B) the proposed property tax revenue needed to fund the proposed
786786 budget of the taxing subdivision, if the taxing subdivision notified the
787787 county clerk of its proposed intent to exceed its revenue neutral rate;
788788 (C) the proposed tax rate based upon the proposed budget and the
789789 current year's total assessed valuation of the taxing subdivision, if the
790790 taxing subdivision notified the county clerk of its proposed intent to
791791 exceed its revenue neutral rate;
792792 (D) the percentage by which the proposed tax rate exceeds the
793793 revenue neutral rate;
794794 (E) the tax rate and property tax of each taxing subdivision on the
795795 taxpayer's property from the previous year's tax statement;
796796 (F) the appraised value and assessed value of the taxpayer's property
797797 for the current year;
798798 (G) the estimates of the tax for the current tax year on the taxpayer's
799799 property based on the revenue neutral rate of each taxing subdivision and
800800 any proposed tax rates that exceed the revenue neutral rates;
801801 (H) the difference between the estimates of tax based on the proposed
802802 tax rate and the revenue neutral rate on the taxpayer's property described in
803803 subparagraph (G) for any taxing subdivision that has a proposed tax rate
804804 that exceeds its revenue neutral rate; and
805805 (I) the date, time and location of the public hearing of the taxing
806806 subdivision, if the taxing subdivision notified the county clerk of its
807807 proposed intent to exceed its revenue neutral rate.
808808 Although the state of Kansas is not a taxing subdivision for purposes of
809809 this section, the notice shall include a statement of the statutory mill levies
810810 imposed by the state and the estimate of the tax for the current year on the
811811 taxpayer's property based on such levies.
812812 (3) The public hearing to consider exceeding the revenue neutral rate
813813 shall be held not sooner than August 20 and not later than September 20.
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857857 The governing body shall provide interested taxpayers desiring to be heard
858858 an opportunity to present oral testimony within reasonable time limits and
859859 without unreasonable restriction on the number of individuals allowed to
860860 make public comment. The public hearing may be conducted in
861861 conjunction with the proposed budget hearing pursuant to K.S.A. 79-2929,
862862 and amendments thereto, if the governing body otherwise complies with
863863 all requirements of this section. Nothing in this section shall be construed
864864 to prohibit additional public hearings that provide additional opportunities
865865 to present testimony or public comment prior to the public hearing
866866 required by this section.
867867 (4) A majority vote of the governing body, by the adoption of a
868868 resolution or ordinance to approve exceeding the revenue neutral rate,
869869 shall be required prior to adoption of a proposed budget that will result in a
870870 tax rate in excess of the revenue neutral rate. Such vote of the governing
871871 body shall be conducted at the public hearing after the governing body has
872872 heard from interested taxpayers and shall be a roll call vote. If the
873873 governing body approves exceeding the revenue neutral rate, the
874874 governing body shall not adopt a budget that results in a tax rate in excess
875875 of its proposed tax rate as stated in the notice provided pursuant to this
876876 section. A copy of the resolution or ordinance to approve exceeding the
877877 revenue neutral rate and a certified copy of any roll call vote reporting, at a
878878 minimum, the name and vote of each member of the governing body
879879 related to exceeding the revenue neutral rate, whether approved or not,
880880 shall be included with the adopted budget, budget certificate and other
881881 budget forms filed with the county clerk and the director of accounts and
882882 reports and shall be published on the website of the department of
883883 administration.
884884 (c) (1) Any governing body subject to the provisions of this section
885885 that does not comply with subsection (b) shall refund to taxpayers any
886886 property taxes over-collected based on the amount of the levy that was in
887887 excess of the revenue neutral rate.
888888 (2) Any taxpayer of the taxing subdivision that is the subject of the
889889 complaint or such taxpayer's duly authorized representative may file a
890890 complaint with the state board of tax appeals by filing a written complaint,
891891 on a form prescribed by the board, that contains the facts that the
892892 complaining party believes show that a governing body of a taxing
893893 subdivision did not comply with the provisions of subsection (b) and that a
894894 reduction or refund of taxes is appropriate. The complaining party shall
895895 provide a copy of such complaint to the governing body of the taxing
896896 subdivision making the levy that is the subject of the complaint.
897897 Notwithstanding K.S.A. 74-2438a, and amendments thereto, no filing fee
898898 shall be charged by the executive director of the state board of tax appeals
899899 for a complaint filed pursuant to this paragraph. The governing body of the
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943943 taxing subdivision making the levy that is the subject of the complaint
944944 shall be a party to the proceeding. Notice of any summary proceeding or
945945 hearing shall be served upon such governing body, the county clerk, the
946946 director of accounts and reports and the complaining party. It shall be the
947947 duty of the governing body to initiate the production of evidence to
948948 demonstrate, by a preponderance of the evidence, the validity of such levy.
949949 If upon a summary proceeding or hearing, it shall be made to appear to the
950950 satisfaction of the board that the governing body of the taxing subdivision
951951 did not comply with subsection (b), the state board of tax appeals shall
952952 order such governing body to refund to taxpayers the amount of property
953953 taxes over collected or reduce the taxes levied, if uncollected. The
954954 provisions of this paragraph shall not be construed as prohibiting any other
955955 remedies available under the law.
956956 (d) On and after January 1, 2022, in the event that the 20 mills tax
957957 levied by a school district pursuant to K.S.A. 72-5142, and amendments
958958 thereto, increases the property tax revenue generated for the purpose of
959959 calculating the revenue neutral rate from the previous tax year and such
960960 amount of increase in revenue generated from the 20 mills such tax levied
961961 is the only reason that the school district would exceed the total property
962962 tax revenue from the prior year, the school district shall be deemed to not
963963 have exceeded the revenue neutral rate in levying a tax rate in excess of
964964 the revenue neutral rate to take into account the increase in revenue from
965965 only the 20 mills such tax levied.
966966 (e) (1) Notwithstanding any other provision of law to the contrary, if
967967 the governing body of a taxing subdivision must conduct a public hearing
968968 to approve exceeding the revenue neutral rate under this section, the
969969 governing body of the taxing subdivision shall certify, on or before
970970 October 1, to the proper county clerk the amount of ad valorem tax to be
971971 levied.
972972 (2) If a governing body of a taxing subdivision did not comply with
973973 the provisions of subsection (b) and certifies to the county clerk an amount
974974 of ad valorem tax to be levied that would result in a tax rate in excess of its
975975 revenue neutral rate, the county clerk shall reduce the ad valorem tax to be
976976 levied to the amount resulting from such taxing subdivision's revenue
977977 neutral rate.
978978 (f) As used in this section:
979979 (1) "Taxing subdivision" means any political subdivision of the state
980980 that levies an ad valorem tax on property.
981981 (2) "Revenue neutral rate" means the tax rate for the current tax year
982982 that would generate the same property tax revenue as levied the previous
983983 tax year using the current tax year's total assessed valuation. To calculate
984984 the revenue neutral rate, the county clerk shall divide the property tax
985985 revenue for such taxing subdivision levied for the previous tax year by the
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10291029 total of all taxable assessed valuation in such taxing subdivision for the
10301030 current tax year, and then multiply the quotient by 1,000 to express the rate
10311031 in mills. The revenue neutral rate shall be expressed to the third decimal
10321032 place.
10331033 (g) In the event that a county clerk incurred costs of printing and
10341034 postage that were not reimbursed pursuant to K.S.A. 2023 Supp. 79-2989,
10351035 and amendments thereto, such county clerk may seek reimbursement from
10361036 all taxing subdivisions required to send the notice. Such costs shall be
10371037 shared proportionately by all taxing subdivisions that were included on the
10381038 same notice based on the total property tax levied by each taxing
10391039 subdivision. Payment of such costs shall be due to the county clerk by
10401040 December 31.
10411041 (h) The department of administration or the director of accounts and
10421042 reports shall make copies of adopted budgets, budget certificates, other
10431043 budget documents and revenue neutral rate documents available to the
10441044 public on the department of administration's website on a permanently
10451045 accessible web page that may be accessed via a conspicuous link to that
10461046 web page placed on the front page of the department's website. The
10471047 department of administration or the director of accounts and reports shall
10481048 also make the following information for each tax year available on such
10491049 website:
10501050 (1) A list of taxing subdivisions by county;
10511051 (2) whether each taxing subdivision conducted a hearing to consider
10521052 exceeding its revenue neutral rate;
10531053 (3) the revenue neutral rate of each taxing subdivision;
10541054 (4) the tax rate resulting from the adopted budget of each taxing
10551055 subdivision; and
10561056 (5) the percent change between the revenue neutral rate and the tax
10571057 rate for each taxing subdivision.
10581058 Sec. 14. K.S.A. 2023 Supp. 79-32,110 is hereby amended to read as
10591059 follows: 79-32,110. (a) Resident individuals. Except as otherwise provided
10601060 by K.S.A. 79-3220(a), and amendments thereto, a tax is hereby imposed
10611061 upon the Kansas taxable income of every resident individual, which tax
10621062 shall be computed in accordance with the following tax schedules:
10631063 (1) Married individuals filing joint returns.
10641064 (A) For tax year 2012:
10651065 If the taxable income is: The tax is:
10661066 Not over $30,000 3.5% of Kansas taxable income
10671067 Over $30,000 but not over $60,000 $1,050 plus 6.25% of excess
10681068 over $30,000
10691069 Over $60,000 $2,925 plus 6.45% of excess
10701070 over $60,000
10711071 (B) For tax year 2013:
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11151115 If the taxable income is: The tax is:
11161116 Not over $30,000 3.0% of Kansas taxable income
11171117 Over $30,000 $900 plus 4.9% of excess over
11181118 $30,000
11191119 (C) For tax year 2014:
11201120 If the taxable income is: The tax is:
11211121 Not over $30,000 2.7% of Kansas taxable income
11221122 Over $30,000 $810 plus 4.8% of excess over
11231123 $30,000
11241124 (D) For tax years 2015 and 2016:
11251125 If the taxable income is: The tax is:
11261126 Not over $30,000 2.7% of Kansas taxable income
11271127 Over $30,000 $810 plus 4.6% of excess over
11281128 $30,000
11291129 (E) For tax year 2017:
11301130 If the taxable income is: The tax is:
11311131 Not over $30,000 2.9% of Kansas taxable income
11321132 Over $30,000 but not over $60,000 $870 plus 4.9% of excess over
11331133 $30,000
11341134 Over $60,000 $2,340 plus 5.2% of excess over
11351135 $60,000
11361136 (F) For tax year years 2018, and all tax years thereafter through 2023:
11371137 If the taxable income is: The tax is:
11381138 Not over $30,000 3.1% of Kansas taxable income
11391139 Over $30,000 but not over $60,000$930 plus 5.25% of excess
11401140 over $30,000
11411141 Over $60,000 $2,505 plus 5.7% of excess
11421142 over $60,000
11431143 (B) For tax year 2024, and all tax years thereafter:
11441144 If the taxable income is: The tax is:
11451145 Not over $14,000 0% of Kansas taxable income
11461146 Over $14,000 but not over $60,0005.2% of excess over $14,000
11471147 Over $60,000 $2,392 plus 5.65% of excess
11481148 over $60,000
11491149 (2) All other individuals.
11501150 (A) For tax year 2012:
11511151 If the taxable income is: The tax is:
11521152 Not over $15,000 3.5% of Kansas taxable income
11531153 Over $15,000 but not over $30,000 $525 plus 6.25% of excess
11541154 over $15,000
11551155 Over $30,000 $1,462.50 plus 6.45% of excess
11561156 over $30,000
11571157 (B) For tax year 2013:
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12011201 If the taxable income is: The tax is:
12021202 Not over $15,000 3.0% of Kansas taxable income
12031203 Over $15,000 $450 plus 4.9% of excess over
12041204 $15,000
12051205 (C) For tax year 2014:
12061206 If the taxable income is: The tax is:
12071207 Not over $15,000 2.7% of Kansas taxable income
12081208 Over $15,000 $405 plus 4.8% of excess over
12091209 $15,000
12101210 (D) For tax years 2015 and 2016:
12111211 If the taxable income is: The tax is:
12121212 Not over $15,000 2.7% of Kansas taxable income
12131213 Over $15,000 $405 plus 4.6% of excess over
12141214 $15,000
12151215 (E) For tax year 2017:
12161216 If the taxable income is: The tax is:
12171217 Not over $15,000 2.9% of Kansas taxable income
12181218 Over $15,000 but not over $30,000 $435 plus 4.9% of excess over
12191219 $15,000
12201220 Over $30,000 $1,170 plus 5.2% of excess over
12211221 $30,000
12221222 (F) For tax year years 2018, and all tax years thereafter through 2023:
12231223 If the taxable income is: The tax is:
12241224 Not over $15,000 3.1% of Kansas taxable income
12251225 Over $15,000 but not over $30,000$465 plus 5.25% of excess
12261226 over $15,000
12271227 Over $30,000 $1,252.50 plus 5.7% of excess
12281228 over $30,000
12291229 (B) For tax year 2024, and all tax years thereafter:
12301230 If the taxable income is: The tax is:
12311231 Not over $7,000 0% of Kansas taxable income
12321232 Over $7,000 but not over $30,0005.2% of excess over $7,000
12331233 Over $30,000 $1,196 plus 5.65% of excess
12341234 over $30,000
12351235 (b) Nonresident individuals. A tax is hereby imposed upon the Kansas
12361236 taxable income of every nonresident individual, which tax shall be an
12371237 amount equal to the tax computed under subsection (a) as if the
12381238 nonresident were a resident multiplied by the ratio of modified Kansas
12391239 source income to Kansas adjusted gross income.
12401240 (c) Corporations. A tax is hereby imposed upon the Kansas taxable
12411241 income of every corporation doing business within this state or deriving
12421242 income from sources within this state. Such tax shall consist of a normal
12431243 tax and a surtax and shall be computed as follows unless otherwise
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12871287 modified pursuant to K.S.A. 2023 Supp. 74-50,321, and amendments
12881288 thereto:
12891289 (1) The normal tax shall be in an amount equal to 4% of the Kansas
12901290 taxable income of such corporation; and
12911291 (2) the surtax shall be in an amount equal to 3% of the Kansas taxable
12921292 income of such corporation in excess of $50,000.
12931293 (d) Fiduciaries. A tax is hereby imposed upon the Kansas taxable
12941294 income of estates and trusts at the rates provided in subsection (a)(2)
12951295 hereof.
12961296 (e) Notwithstanding the provisions of subsections (a) and (b): (1) For
12971297 tax years 2016 and 2017, married individuals filing joint returns with
12981298 taxable income of $12,500 or less, and all other individuals with taxable
12991299 income of $5,000 or less, shall have a tax liability of zero; and (2), for tax
13001300 year years 2018, and all tax years thereafter through 2023, married
13011301 individuals filing joint returns with taxable income of $5,000 or less, and
13021302 all other individuals with taxable income of $2,500 or less, shall have a tax
13031303 liability of zero.
13041304 (f) No taxpayer shall be assessed penalties and interest arising from
13051305 the underpayment of taxes due to changes to the rates in subsection (a) that
13061306 became law on July 1, 2017, so long as such underpayment is rectified on
13071307 or before April 17, 2018.
13081308 Sec. 15. K.S.A. 2023 Supp. 79-32,117 is hereby amended to read as
13091309 follows: 79-32,117. (a) The Kansas adjusted gross income of an individual
13101310 means such individual's federal adjusted gross income for the taxable year,
13111311 with the modifications specified in this section.
13121312 (b) There shall be added to federal adjusted gross income:
13131313 (i) Interest income less any related expenses directly incurred in the
13141314 purchase of state or political subdivision obligations, to the extent that the
13151315 same is not included in federal adjusted gross income, on obligations of
13161316 any state or political subdivision thereof, but to the extent that interest
13171317 income on obligations of this state or a political subdivision thereof issued
13181318 prior to January 1, 1988, is specifically exempt from income tax under the
13191319 laws of this state authorizing the issuance of such obligations, it shall be
13201320 excluded from computation of Kansas adjusted gross income whether or
13211321 not included in federal adjusted gross income. Interest income on
13221322 obligations of this state or a political subdivision thereof issued after
13231323 December 31, 1987, shall be excluded from computation of Kansas
13241324 adjusted gross income whether or not included in federal adjusted gross
13251325 income.
13261326 (ii) Taxes on or measured by income or fees or payments in lieu of
13271327 income taxes imposed by this state or any other taxing jurisdiction to the
13281328 extent deductible in determining federal adjusted gross income and not
13291329 credited against federal income tax. This paragraph shall not apply to taxes
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13731373 imposed under the provisions of K.S.A. 79-1107 or 79-1108, and
13741374 amendments thereto, for privilege tax year 1995, and all such years
13751375 thereafter.
13761376 (iii) The federal net operating loss deduction, except that the federal
13771377 net operating loss deduction shall not be added to an individual's federal
13781378 adjusted gross income for tax years beginning after December 31, 2016.
13791379 (iv) Federal income tax refunds received by the taxpayer if the
13801380 deduction of the taxes being refunded resulted in a tax benefit for Kansas
13811381 income tax purposes during a prior taxable year. Such refunds shall be
13821382 included in income in the year actually received regardless of the method
13831383 of accounting used by the taxpayer. For purposes hereof, a tax benefit shall
13841384 be deemed to have resulted if the amount of the tax had been deducted in
13851385 determining income subject to a Kansas income tax for a prior year
13861386 regardless of the rate of taxation applied in such prior year to the Kansas
13871387 taxable income, but only that portion of the refund shall be included as
13881388 bears the same proportion to the total refund received as the federal taxes
13891389 deducted in the year to which such refund is attributable bears to the total
13901390 federal income taxes paid for such year. For purposes of the foregoing
13911391 sentence, federal taxes shall be considered to have been deducted only to
13921392 the extent such deduction does not reduce Kansas taxable income below
13931393 zero.
13941394 (v) The amount of any depreciation deduction or business expense
13951395 deduction claimed on the taxpayer's federal income tax return for any
13961396 capital expenditure in making any building or facility accessible to the
13971397 handicapped, for which expenditure the taxpayer claimed the credit
13981398 allowed by K.S.A. 79-32,177, and amendments thereto.
13991399 (vi) Any amount of designated employee contributions picked up by
14001400 an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965,
14011401 and amendments thereto.
14021402 (vii) The amount of any charitable contribution made to the extent the
14031403 same is claimed as the basis for the credit allowed pursuant to K.S.A. 79-
14041404 32,196, and amendments thereto.
14051405 (viii) The amount of any costs incurred for improvements to a swine
14061406 facility, claimed for deduction in determining federal adjusted gross
14071407 income, to the extent the same is claimed as the basis for any credit
14081408 allowed pursuant to K.S.A. 79-32,204, and amendments thereto.
14091409 (ix) The amount of any ad valorem taxes and assessments paid and
14101410 the amount of any costs incurred for habitat management or construction
14111411 and maintenance of improvements on real property, claimed for deduction
14121412 in determining federal adjusted gross income, to the extent the same is
14131413 claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,203,
14141414 and amendments thereto.
14151415 (x) Amounts received as nonqualified withdrawals, as defined by
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14591459 K.S.A. 75-643, and amendments thereto, if, at the time of contribution to a
14601460 family postsecondary education savings account, such amounts were
14611461 subtracted from the federal adjusted gross income pursuant to subsection
14621462 (c)(xv) or if such amounts are not already included in the federal adjusted
14631463 gross income.
14641464 (xi) The amount of any contribution made to the same extent the
14651465 same is claimed as the basis for the credit allowed pursuant to K.S.A. 74-
14661466 50,154, and amendments thereto.
14671467 (xii) For taxable years commencing after December 31, 2004,
14681468 amounts received as withdrawals not in accordance with the provisions of
14691469 K.S.A. 74-50,204, and amendments thereto, if, at the time of contribution
14701470 to an individual development account, such amounts were subtracted from
14711471 the federal adjusted gross income pursuant to subsection (c)(xiii), or if
14721472 such amounts are not already included in the federal adjusted gross
14731473 income.
14741474 (xiii) The amount of any expenditures claimed for deduction in
14751475 determining federal adjusted gross income, to the extent the same is
14761476 claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,217
14771477 through 79-32,220 or 79-32,222, and amendments thereto.
14781478 (xiv) The amount of any amortization deduction claimed in
14791479 determining federal adjusted gross income to the extent the same is
14801480 claimed for deduction pursuant to K.S.A. 79-32,221, and amendments
14811481 thereto.
14821482 (xv) The amount of any expenditures claimed for deduction in
14831483 determining federal adjusted gross income, to the extent the same is
14841484 claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,223
14851485 through 79-32,226, 79-32,228 through 79-32,231, 79-32,233 through 79-
14861486 32,236, 79-32,238 through 79-32,241, 79-32,245 through 79-32,248 or 79-
14871487 32,251 through 79-32,254, and amendments thereto.
14881488 (xvi) The amount of any amortization deduction claimed in
14891489 determining federal adjusted gross income to the extent the same is
14901490 claimed for deduction pursuant to K.S.A. 79-32,227, 79-32,232, 79-
14911491 32,237, 79-32,249, 79-32,250 or 79-32,255, and amendments thereto.
14921492 (xvii) The amount of any amortization deduction claimed in
14931493 determining federal adjusted gross income to the extent the same is
14941494 claimed for deduction pursuant to K.S.A. 79-32,256, and amendments
14951495 thereto.
14961496 (xviii) For taxable years commencing after December 31, 2006, the
14971497 amount of any ad valorem or property taxes and assessments paid to a state
14981498 other than Kansas or local government located in a state other than Kansas
14991499 by a taxpayer who resides in a state other than Kansas, when the law of
15001500 such state does not allow a resident of Kansas who earns income in such
15011501 other state to claim a deduction for ad valorem or property taxes or
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15451545 assessments paid to a political subdivision of the state of Kansas in
15461546 determining taxable income for income tax purposes in such other state, to
15471547 the extent that such taxes and assessments are claimed as an itemized
15481548 deduction for federal income tax purposes.
15491549 (xix) For taxable years beginning after December 31, 2012, and
15501550 ending before January 1, 2017, the amount of any: (1) Loss from business
15511551 as determined under the federal internal revenue code and reported from
15521552 schedule C and on line 12 of the taxpayer's form 1040 federal individual
15531553 income tax return; (2) loss from rental real estate, royalties, partnerships, S
15541554 corporations, except those with wholly owned subsidiaries subject to the
15551555 Kansas privilege tax, estates, trusts, residual interest in real estate
15561556 mortgage investment conduits and net farm rental as determined under the
15571557 federal internal revenue code and reported from schedule E and on line 17
15581558 of the taxpayer's form 1040 federal individual income tax return; and (3)
15591559 farm loss as determined under the federal internal revenue code and
15601560 reported from schedule F and on line 18 of the taxpayer's form 1040
15611561 federal income tax return; all to the extent deducted or subtracted in
15621562 determining the taxpayer's federal adjusted gross income. For purposes of
15631563 this subsection, references to the federal form 1040 and federal schedule
15641564 C, schedule E, and schedule F, shall be to such form and schedules as they
15651565 existed for tax year 2011, and as revised thereafter by the internal revenue
15661566 service.
15671567 (xx) For taxable years beginning after December 31, 2012, and
15681568 ending before January 1, 2017, the amount of any deduction for self-
15691569 employment taxes under section 164(f) of the federal internal revenue
15701570 code as in effect on January 1, 2012, and amendments thereto, in
15711571 determining the federal adjusted gross income of an individual taxpayer, to
15721572 the extent the deduction is attributable to income reported on schedule C,
15731573 E or F and on line 12, 17 or 18 of the taxpayer's form 1040 federal income
15741574 tax return.
15751575 (xxi) For taxable years beginning after December 31, 2012, and
15761576 ending before January 1, 2017, the amount of any deduction for pension,
15771577 profit sharing, and annuity plans of self-employed individuals under
15781578 section 62(a)(6) of the federal internal revenue code as in effect on January
15791579 1, 2012, and amendments thereto, in determining the federal adjusted gross
15801580 income of an individual taxpayer.
15811581 (xxii) For taxable years beginning after December 31, 2012, and
15821582 ending before January 1, 2017, the amount of any deduction for health
15831583 insurance under section 162(l) of the federal internal revenue code as in
15841584 effect on January 1, 2012, and amendments thereto, in determining the
15851585 federal adjusted gross income of an individual taxpayer.
15861586 (xxiii) For taxable years beginning after December 31, 2012, and
15871587 ending before January 1, 2017, the amount of any deduction for domestic
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16311631 production activities under section 199 of the federal internal revenue code
16321632 as in effect on January 1, 2012, and amendments thereto, in determining
16331633 the federal adjusted gross income of an individual taxpayer.
16341634 (xxiv) For taxable years commencing after December 31, 2013, that
16351635 portion of the amount of any expenditure deduction claimed in
16361636 determining federal adjusted gross income for expenses paid for medical
16371637 care of the taxpayer or the taxpayer's spouse or dependents when such
16381638 expenses were paid or incurred for an abortion, or for a health benefit plan,
16391639 as defined in K.S.A. 65-6731, and amendments thereto, for the purchase of
16401640 an optional rider for coverage of abortion in accordance with K.S.A. 40-
16411641 2,190, and amendments thereto, to the extent that such taxes and
16421642 assessments are claimed as an itemized deduction for federal income tax
16431643 purposes.
16441644 (xxv) For taxable years commencing after December 31, 2013, that
16451645 portion of the amount of any expenditure deduction claimed in
16461646 determining federal adjusted gross income for expenses paid by a taxpayer
16471647 for health care when such expenses were paid or incurred for abortion
16481648 coverage, a health benefit plan, as defined in K.S.A. 65-6731, and
16491649 amendments thereto, when such expenses were paid or incurred for
16501650 abortion coverage or amounts contributed to health savings accounts for
16511651 such taxpayer's employees for the purchase of an optional rider for
16521652 coverage of abortion in accordance with K.S.A. 40-2,190, and
16531653 amendments thereto, to the extent that such taxes and assessments are
16541654 claimed as a deduction for federal income tax purposes.
16551655 (xxvi) For all taxable years beginning after December 31, 2016, the
16561656 amount of any charitable contribution made to the extent the same is
16571657 claimed as the basis for the credit allowed pursuant to K.S.A. 72-4357, and
16581658 amendments thereto, and is also claimed as an itemized deduction for
16591659 federal income tax purposes.
16601660 (xxvii) For all taxable years commencing after December 31, 2020,
16611661 the amount deducted by reason of a carryforward of disallowed business
16621662 interest pursuant to section 163(j) of the federal internal revenue code of
16631663 1986, as in effect on January 1, 2018.
16641664 (xxviii) For all taxable years beginning after December 31, 2021, the
16651665 amount of any contributions to, or earnings from, a first-time home buyer
16661666 savings account if distributions from the account were not used to pay for
16671667 expenses or transactions authorized pursuant to K.S.A. 2023 Supp. 58-
16681668 4904, and amendments thereto, or were not held for the minimum length
16691669 of time required pursuant to K.S.A. 2023 Supp. 58-4904, and amendments
16701670 thereto. Contributions to, or earnings from, such account shall also include
16711671 any amount resulting from the account holder not designating a surviving
16721672 payable on death beneficiary pursuant to K.S.A. 2023 Supp. 58-4904(e),
16731673 and amendments thereto.
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17171717 (c) There shall be subtracted from federal adjusted gross income:
17181718 (i) Interest or dividend income on obligations or securities of any
17191719 authority, commission or instrumentality of the United States and its
17201720 possessions less any related expenses directly incurred in the purchase of
17211721 such obligations or securities, to the extent included in federal adjusted
17221722 gross income but exempt from state income taxes under the laws of the
17231723 United States.
17241724 (ii) Any amounts received which are included in federal adjusted
17251725 gross income but which are specifically exempt from Kansas income
17261726 taxation under the laws of the state of Kansas.
17271727 (iii) The portion of any gain or loss from the sale or other disposition
17281728 of property having a higher adjusted basis for Kansas income tax purposes
17291729 than for federal income tax purposes on the date such property was sold or
17301730 disposed of in a transaction in which gain or loss was recognized for
17311731 purposes of federal income tax that does not exceed such difference in
17321732 basis, but if a gain is considered a long-term capital gain for federal
17331733 income tax purposes, the modification shall be limited to that portion of
17341734 such gain which is included in federal adjusted gross income.
17351735 (iv) The amount necessary to prevent the taxation under this act of
17361736 any annuity or other amount of income or gain which was properly
17371737 included in income or gain and was taxed under the laws of this state for a
17381738 taxable year prior to the effective date of this act, as amended, to the
17391739 taxpayer, or to a decedent by reason of whose death the taxpayer acquired
17401740 the right to receive the income or gain, or to a trust or estate from which
17411741 the taxpayer received the income or gain.
17421742 (v) The amount of any refund or credit for overpayment of taxes on
17431743 or measured by income or fees or payments in lieu of income taxes
17441744 imposed by this state, or any taxing jurisdiction, to the extent included in
17451745 gross income for federal income tax purposes.
17461746 (vi) Accumulation distributions received by a taxpayer as a
17471747 beneficiary of a trust to the extent that the same are included in federal
17481748 adjusted gross income.
17491749 (vii) Amounts received as annuities under the federal civil service
17501750 retirement system from the civil service retirement and disability fund and
17511751 other amounts received as retirement benefits in whatever form which
17521752 were earned for being employed by the federal government or for service
17531753 in the armed forces of the United States.
17541754 (viii) Amounts received by retired railroad employees as a
17551755 supplemental annuity under the provisions of 45 U.S.C. §§ 228b(a) and
17561756 228c(a)(1) et seq.
17571757 (ix) Amounts received by retired employees of a city and by retired
17581758 employees of any board of such city as retirement allowances pursuant to
17591759 K.S.A. 13-14,106, and amendments thereto, or pursuant to any charter
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18031803 ordinance exempting a city from the provisions of K.S.A. 13-14,106, and
18041804 amendments thereto.
18051805 (x) For taxable years beginning after December 31, 1976, the amount
18061806 of the federal tentative jobs tax credit disallowance under the provisions of
18071807 26 U.S.C. § 280C. For taxable years ending after December 31, 1978, the
18081808 amount of the targeted jobs tax credit and work incentive credit
18091809 disallowances under 26 U.S.C. § 280C.
18101810 (xi) For taxable years beginning after December 31, 1986, dividend
18111811 income on stock issued by Kansas venture capital, inc.
18121812 (xii) For taxable years beginning after December 31, 1989, amounts
18131813 received by retired employees of a board of public utilities as pension and
18141814 retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and 13-1249,
18151815 and amendments thereto.
18161816 (xiii) For taxable years beginning after December 31, 2004, amounts
18171817 contributed to and the amount of income earned on contributions deposited
18181818 to an individual development account under K.S.A. 74-50,201 et seq., and
18191819 amendments thereto.
18201820 (xiv) For all taxable years commencing after December 31, 1996, that
18211821 portion of any income of a bank organized under the laws of this state or
18221822 any other state, a national banking association organized under the laws of
18231823 the United States, an association organized under the savings and loan
18241824 code of this state or any other state, or a federal savings association
18251825 organized under the laws of the United States, for which an election as an
18261826 S corporation under subchapter S of the federal internal revenue code is in
18271827 effect, which accrues to the taxpayer who is a stockholder of such
18281828 corporation and which is not distributed to the stockholders as dividends of
18291829 the corporation. For taxable years beginning after December 31, 2012, and
18301830 ending before January 1, 2017, the amount of modification under this
18311831 subsection shall exclude the portion of income or loss reported on schedule
18321832 E and included on line 17 of the taxpayer's form 1040 federal individual
18331833 income tax return.
18341834 (xv) For all taxable years beginning after December 31, 2017, the
18351835 cumulative amounts not exceeding $3,000, or $6,000 for a married couple
18361836 filing a joint return, for each designated beneficiary that are contributed to:
18371837 (1) A family postsecondary education savings account established under
18381838 the Kansas postsecondary education savings program or a qualified tuition
18391839 program established and maintained by another state or agency or
18401840 instrumentality thereof pursuant to section 529 of the internal revenue
18411841 code of 1986, as amended, for the purpose of paying the qualified higher
18421842 education expenses of a designated beneficiary; or (2) an achieving a
18431843 better life experience (ABLE) account established under the Kansas ABLE
18441844 savings program or a qualified ABLE program established and maintained
18451845 by another state or agency or instrumentality thereof pursuant to section
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18891889 529A of the internal revenue code of 1986, as amended, for the purpose of
18901890 saving private funds to support an individual with a disability. The terms
18911891 and phrases used in this paragraph shall have the meaning respectively
18921892 ascribed thereto by the provisions of K.S.A. 75-643 and 75-652, and
18931893 amendments thereto, and the provisions of such sections are hereby
18941894 incorporated by reference for all purposes thereof.
18951895 (xvi) For all taxable years beginning after December 31, 2004,
18961896 amounts received by taxpayers who are or were members of the armed
18971897 forces of the United States, including service in the Kansas army and air
18981898 national guard, as a recruitment, sign up or retention bonus received by
18991899 such taxpayer as an incentive to join, enlist or remain in the armed services
19001900 of the United States, including service in the Kansas army and air national
19011901 guard, and amounts received for repayment of educational or student loans
19021902 incurred by or obligated to such taxpayer and received by such taxpayer as
19031903 a result of such taxpayer's service in the armed forces of the United States,
19041904 including service in the Kansas army and air national guard.
19051905 (xvii) For all taxable years beginning after December 31, 2004,
19061906 amounts received by taxpayers who are eligible members of the Kansas
19071907 army and air national guard as a reimbursement pursuant to K.S.A. 48-
19081908 281, and amendments thereto, and amounts received for death benefits
19091909 pursuant to K.S.A. 48-282, and amendments thereto, to the extent that
19101910 such death benefits are included in federal adjusted gross income of the
19111911 taxpayer.
19121912 (xviii) For the taxable year beginning after December 31, 2006,
19131913 amounts received as benefits under the federal social security act which
19141914 are included in federal adjusted gross income of a taxpayer with federal
19151915 adjusted gross income of $50,000 or less, whether such taxpayer's filing
19161916 status is single, head of household, married filing separate or married filing
19171917 jointly; and (A) For all taxable years beginning after December 31, 2007,
19181918 and ending before January 1, 2027, amounts received as benefits under the
19191919 federal social security act which are included in federal adjusted gross
19201920 income of a taxpayer with federal adjusted gross income of $75,000 or
19211921 less, whether such taxpayer's filing status is single, head of household,
19221922 married filing separate or married filing jointly.
19231923 (B) For the taxable year beginning after December 31, 2023, and
19241924 ending before January 1, 2025, a portion of amounts received as benefits
19251925 under the federal social security act that are included in federal adjusted
19261926 gross income of a taxpayer with federal adjusted gross income greater
19271927 than $75,000 and less than $125,000, whether that taxpayer's filing status
19281928 is single, head of household, married filing separate or married filing
19291929 jointly, calculated as follows:
19301930 (1) Subtract an amount equal to the federal adjusted gross income of
19311931 that taxpayer from 125,000 (the result must be greater than zero);
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19751975 (2) divide the result of subparagraph (B)(1) by 50,000; and
19761976 (3) multiply the result of subparagraph (B)(2) by the amount in
19771977 dollars received as benefits under the federal social security act that are
19781978 included in federal adjusted gross income of that taxpayer to determine
19791979 the modification pursuant to this subparagraph.
19801980 (C) For the taxable year beginning after December 31, 2024, and
19811981 ending before January 1, 2026, a portion of amounts received as benefits
19821982 under the federal social security act that are included in federal adjusted
19831983 gross income of a taxpayer with federal adjusted gross income greater
19841984 than $75,000 and less than $175,000, whether that taxpayer's filing status
19851985 is single, head of household, married filing separate or married filing
19861986 jointly, calculated as follows:
19871987 (1) Subtract an amount equal to the federal adjusted gross income of
19881988 that taxpayer from 175,000 (the result must be greater than zero);
19891989 (2) divide the result of subparagraph (C)(1) by 100,000; and
19901990 (3) multiply the result of subparagraph (C)(2) by the amount in
19911991 dollars received as benefits under the federal social security act that are
19921992 included in federal adjusted gross income of that taxpayer to determine
19931993 the modification pursuant to this subparagraph.
19941994 (D) For the taxable year beginning after December 31, 2025, and
19951995 ending before January 1, 2027, a portion of amounts received as benefits
19961996 under the federal social security act that are included in federal adjusted
19971997 gross income of a taxpayer with federal adjusted gross income greater
19981998 than $75,000 and less than $275,000, whether that taxpayer's filing status
19991999 is single, head of household, married filing separate or married filing
20002000 jointly, calculated as follows:
20012001 (1) Subtract an amount equal to the federal adjusted gross income of
20022002 that taxpayer from 275,000 (the result must be greater than zero);
20032003 (2) divide the result of subparagraph (D)(1) by 200,000; and
20042004 (3) multiply the result of subparagraph (D)(2) by the amount in
20052005 dollars received as benefits under the federal social security act that are
20062006 included in federal adjusted gross income of that taxpayer to determine
20072007 the modification pursuant to this subparagraph.
20082008 (E) For all taxable years beginning after December 31, 2026,
20092009 amounts received as benefits under the federal social security act that are
20102010 included in federal adjusted gross income of a taxpayer.
20112011 (xix) Amounts received by retired employees of Washburn university
20122012 as retirement and pension benefits under the university's retirement plan.
20132013 (xx) For taxable years beginning after December 31, 2012, and
20142014 ending before January 1, 2017, the amount of any: (1) Net profit from
20152015 business as determined under the federal internal revenue code and
20162016 reported from schedule C and on line 12 of the taxpayer's form 1040
20172017 federal individual income tax return; (2) net income, not including
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20612061 guaranteed payments as defined in section 707(c) of the federal internal
20622062 revenue code and as reported to the taxpayer from federal schedule K-1,
20632063 (form 1065-B), in box 9, code F or as reported to the taxpayer from federal
20642064 schedule K-1, (form 1065) in box 4, from rental real estate, royalties,
20652065 partnerships, S corporations, estates, trusts, residual interest in real estate
20662066 mortgage investment conduits and net farm rental as determined under the
20672067 federal internal revenue code and reported from schedule E and on line 17
20682068 of the taxpayer's form 1040 federal individual income tax return; and (3)
20692069 net farm profit as determined under the federal internal revenue code and
20702070 reported from schedule F and on line 18 of the taxpayer's form 1040
20712071 federal income tax return; all to the extent included in the taxpayer's
20722072 federal adjusted gross income. For purposes of this subsection, references
20732073 to the federal form 1040 and federal schedule C, schedule E, and schedule
20742074 F, shall be to such form and schedules as they existed for tax year 2011
20752075 and as revised thereafter by the internal revenue service.
20762076 (xxi) For all taxable years beginning after December 31, 2013,
20772077 amounts equal to the unreimbursed travel, lodging and medical
20782078 expenditures directly incurred by a taxpayer while living, or a dependent
20792079 of the taxpayer while living, for the donation of one or more human organs
20802080 of the taxpayer, or a dependent of the taxpayer, to another person for
20812081 human organ transplantation. The expenses may be claimed as a
20822082 subtraction modification provided for in this section to the extent the
20832083 expenses are not already subtracted from the taxpayer's federal adjusted
20842084 gross income. In no circumstances shall the subtraction modification
20852085 provided for in this section for any individual, or a dependent, exceed
20862086 $5,000. As used in this section, "human organ" means all or part of a liver,
20872087 pancreas, kidney, intestine, lung or bone marrow. The provisions of this
20882088 paragraph shall take effect on the day the secretary of revenue certifies to
20892089 the director of the budget that the cost for the department of revenue of
20902090 modifications to the automated tax system for the purpose of
20912091 implementing this paragraph will not exceed $20,000.
20922092 (xxii) For taxable years beginning after December 31, 2012, and
20932093 ending before January 1, 2017, the amount of net gain from the sale of: (1)
20942094 Cattle and horses, regardless of age, held by the taxpayer for draft,
20952095 breeding, dairy or sporting purposes, and held by such taxpayer for 24
20962096 months or more from the date of acquisition; and (2) other livestock,
20972097 regardless of age, held by the taxpayer for draft, breeding, dairy or
20982098 sporting purposes, and held by such taxpayer for 12 months or more from
20992099 the date of acquisition. The subtraction from federal adjusted gross income
21002100 shall be limited to the amount of the additions recognized under the
21012101 provisions of subsection (b)(xix) attributable to the business in which the
21022102 livestock sold had been used. As used in this paragraph, the term
21032103 "livestock" shall not include poultry.
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21472147 (xxiii) For all taxable years beginning after December 31, 2012,
21482148 amounts received under either the Overland Park, Kansas police
21492149 department retirement plan or the Overland Park, Kansas fire department
21502150 retirement plan, both as established by the city of Overland Park, pursuant
21512151 to the city's home rule authority.
21522152 (xxiv) For taxable years beginning after December 31, 2013, and
21532153 ending before January 1, 2017, the net gain from the sale from Christmas
21542154 trees grown in Kansas and held by the taxpayer for six years or more.
21552155 (xxv) For all taxable years commencing after December 31, 2020,
21562156 100% of global intangible low-taxed income under section 951A of the
21572157 federal internal revenue code of 1986, before any deductions allowed
21582158 under section 250(a)(1)(B) of such code.
21592159 (xxvi) For all taxable years commencing after December 31, 2020,
21602160 the amount disallowed as a deduction pursuant to section 163(j) of the
21612161 federal internal revenue code of 1986, as in effect on January 1, 2018.
21622162 (xxvii) For taxable years commencing after December 31, 2020, the
21632163 amount disallowed as a deduction pursuant to section 274 of the federal
21642164 internal revenue code of 1986 for meal expenditures shall be allowed to
21652165 the extent such expense was deductible for determining federal income tax
21662166 and was allowed and in effect on December 31, 2017.
21672167 (xxviii) For all taxable years beginning after December 31, 2021: (1)
21682168 The amount contributed to a first-time home buyer savings account
21692169 pursuant to K.S.A. 2023 Supp. 58-4903, and amendments thereto, in an
21702170 amount not to exceed $3,000 for an individual or $6,000 for a married
21712171 couple filing a joint return; or (2) amounts received as income earned from
21722172 assets in a first-time home buyer savings account.
21732173 (d) There shall be added to or subtracted from federal adjusted gross
21742174 income the taxpayer's share, as beneficiary of an estate or trust, of the
21752175 Kansas fiduciary adjustment determined under K.S.A. 79-32,135, and
21762176 amendments thereto.
21772177 (e) The amount of modifications required to be made under this
21782178 section by a partner which relates to items of income, gain, loss, deduction
21792179 or credit of a partnership shall be determined under K.S.A. 79-32,131, and
21802180 amendments thereto, to the extent that such items affect federal adjusted
21812181 gross income of the partner.
21822182 Sec. 16. K.S.A. 2023 Supp. 79-32,119 is hereby amended to read as
21832183 follows: 79-32,119. (a) The Kansas standard deduction of an individual,
21842184 including a husband and wife who are either both residents or who file a
21852185 joint return as if both were residents, shall be equal to the sum of the
21862186 standard deduction amount allowed pursuant to this section, and the
21872187 additional standard deduction amount allowed pursuant to this section for
21882188 each such deduction allowable to such individual or to such husband and
21892189 wife under the federal internal revenue code.
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22332233 (b) For tax year 1998, and all tax years thereafter, the additional
22342234 standard deduction amount shall be as follows: Single individual and head
22352235 of household filing status, $850; and married filing status, $700.
22362236 (c) (1) For tax year 2013 through tax year 2020, the standard
22372237 deduction amount of an individual, including husband and wife who are
22382238 either both residents or who file a joint return as if both were residents,
22392239 shall be as follows: Single individual filing status, $3,000; married filing
22402240 status, $7,500; and head of household filing status, $5,500.
22412241 (2) For tax year years 2021, and all tax years thereafter through 2023,
22422242 the standard deduction amount of an individual, including husband and
22432243 wife who are either both residents or who file a joint return as if both were
22442244 residents, shall be as follows: Single individual filing status, $3,500;
22452245 married filing status, $8,000; and head of household filing status, $6,000.
22462246 (2) For tax year 2024, and all tax years thereafter, the standard
22472247 deduction amount of an individual, including husband and wife who are
22482248 either both residents or who file a joint return as if both were residents,
22492249 shall be as follows: Single individual filing status, $3,605; married filing
22502250 status, $8,240; and head of household filing status, $6,180.
22512251 (3) In the case of tax years 2025 and 2026, the amounts prescribed in
22522252 paragraph (2) and any subsequent changes pursuant to this paragraph
22532253 shall be increased by an amount equal to such amount multiplied by the
22542254 cost-of-living adjustment determined under section 1(f)(3) of the federal
22552255 internal revenue code for the calendar year in which the taxable year
22562256 commences. Any increase in the standard deduction provided by this
22572257 paragraph shall remain in effect unless further increased pursuant to this
22582258 paragraph. For tax years 2027 and 2028, and all tax years thereafter,
22592259 further increases shall be made only if authorized by legislative
22602260 enactment.
22612261 (d) For purposes of this section, the federal standard deduction
22622262 allowable to a husband and wife filing separate Kansas income tax returns
22632263 shall be determined on the basis that separate federal returns were filed,
22642264 and the federal standard deduction of a husband and wife filing a joint
22652265 Kansas income tax return shall be determined on the basis that a joint
22662266 federal income tax return was filed.
22672267 Sec. 17. K.S.A. 2023 Supp. 79-32,121 is hereby amended to read as
22682268 follows: 79-32,121. (a) For tax year 2024, and all tax years thereafter, an
22692269 individual shall be allowed a Kansas exemption of $2,250 $2,320 for each
22702270 exemption for which such individual is entitled to a deduction for the
22712271 taxable year for federal income tax purposes.
22722272 (b) In addition to the exemptions provided in subsection (a), any
22732273 individual who has been honorably discharged from active service in any
22742274 branch of the armed forces of the United States and who is certified by the
22752275 United States department of veterans affairs or its successor to be in
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23192319 receipt of disability compensation at the 100% rate, if the disability is
23202320 permanent and was sustained through military action or accident or
23212321 resulted from disease contracted while in such active service, such
23222322 individual shall be allowed an additional Kansas exemption of $2,250 in
23232323 the amount prescribed in subsection (a) including any increases provided
23242324 for pursuant to subsection (c) for tax year 2023 2024 and all tax years
23252325 thereafter.
23262326 (c)  In the case of tax years 2025 and 2026, the amount prescribed in
23272327 subsection (a) and any subsequent changes pursuant to this subsection
23282328 shall be increased by an amount equal to such amount multiplied by the
23292329 cost-of-living adjustment determined under section 1(f)(3) of the federal
23302330 internal revenue code for the calendar year in which the taxable year
23312331 commences. Any increase in the personal exemption provided by this
23322332 paragraph shall remain in effect unless further increased pursuant to this
23332333 paragraph. For tax years 2027 and 2028, and all tax years thereafter,
23342334 further increases shall be made only if authorized by legislative
23352335 enactment.
23362336 Sec. 18. K.S.A. 19-2694, 65-163j, 65-3306, 65-3327, 75-2556, 79-
23372337 1107, 79-1108, 79-1479, 79-2960, 79-2961, 79-2962, 79-2965, 79-2966
23382338 and 79-2967 and K.S.A. 2023 Supp. 72-5142, 74-8768, 79-201x, 79-2959,
23392339 79-2964, 79-2988, 79-32,110, 79-32,117, 79-32,119 and 79-32,121 are
23402340 hereby repealed.
23412341 Sec. 19. This act shall take effect and be in force from and after its
23422342 publication in the statute book.
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