1 | 1 | | Session of 2025 |
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2 | 2 | | HOUSE BILL No. 2024 |
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3 | 3 | | By Committee on Taxation |
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4 | 4 | | Requested by Representative Hoheisel |
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5 | 5 | | 1-16 |
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6 | 6 | | AN ACT concerning income taxation; enacting the fighting chance for |
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7 | 7 | | firefighters act; providing a tax credit for firefighters who incur |
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8 | 8 | | unreimbursed medical expenses for screening for occupation-related |
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9 | 9 | | cancer. |
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10 | 10 | | Be it enacted by the Legislature of the State of Kansas: |
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11 | 11 | | Section 1. Sections 1 through 3, and amendments thereto, shall be |
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12 | 12 | | known and may be cited as the fighting chance for firefighters act. |
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13 | 13 | | Sec. 2. As used in sections 1 through 3, and amendments thereto: |
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14 | 14 | | (a) "Cancer" means: |
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15 | 15 | | (1) Lung cancer, prostate cancer, testicular cancer, skin cancer, colon |
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16 | 16 | | cancer or breast cancer; or |
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17 | 17 | | (2) any form of cancer that is generally recognized by the |
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18 | 18 | | professional healthcare community as having a higher risk of occurrence |
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19 | 19 | | in an individual who performs firefighting services. |
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20 | 20 | | (b) "Firefighter" means an individual trained or certified as skilled in |
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21 | 21 | | the prevention and control of fires in residential and commercial structures |
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22 | 22 | | or naturally occurring fires commonly known as wildfires and who is |
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23 | 23 | | serving or has served in a position in Kansas requiring actual performance |
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24 | 24 | | of duty for the control of any such fires as a public employee or volunteer. |
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25 | 25 | | (c) "Medical procedure to detect cancer" means any medical |
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26 | 26 | | procedure and associated analysis used to detect cancer or assess cancer |
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27 | 27 | | for treatment, including, but not limited to, blood testing, genetic testing, |
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28 | 28 | | biopsy or any medical imaging technology. |
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29 | 29 | | (d) "Unreimbursed expense" means an expense that is not covered or |
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30 | 30 | | not fully covered under a health insurance policy and for which a Kansas |
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31 | 31 | | taxpayer who is a firefighter expends money and is not able to recover the |
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32 | 32 | | expenditure. An "unreimbursed expense" does not require the appeal of a |
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33 | 33 | | decision by a health insurer. |
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34 | 34 | | Sec. 3. (a) For tax year 2025, and all tax years thereafter, there shall |
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35 | 35 | | be allowed a credit against the tax liability of a resident firefighter |
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36 | 36 | | imposed under the Kansas income tax act in an amount equal to the |
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37 | 37 | | amount of unreimbursed expense incurred and paid by the firefighter for |
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38 | 38 | | any medical procedure to detect cancer, up to a maximum amount of $250 |
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39 | 39 | | in the year for which the return is filed. The maximum credit allowed, |
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74 | 74 | | 35 HB 2024 2 |
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75 | 75 | | including any carryover credit amount as provided by subsection (b), may |
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76 | 76 | | be limited as provided by subsection (c). |
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77 | 77 | | (b) The credit authorized by subsection (a) shall not be refundable. If |
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78 | 78 | | the amount of the credit allowed by subsection (a) for a taxable year |
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79 | 79 | | exceeds the taxpayer's income tax liability for the taxable year, the amount |
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80 | 80 | | thereof that exceeds such tax liability may be carried over and credited |
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81 | 81 | | against the taxpayer's income tax liability in the next succeeding taxable |
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82 | 82 | | year or years for up to five taxable years. Any unused portion of a credit |
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83 | 83 | | that is carried over to the next succeeding tax year shall be allowed in |
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84 | 84 | | addition to any credit allowed for such tax year, up to a total maximum |
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85 | 85 | | credit of $250 per tax year except if reduced pursuant to subsection (c). |
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86 | 86 | | (c) For tax year 2025, the total amount of credits allowed under this |
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87 | 87 | | section shall not exceed $1,500,000. For tax year 2026, and each tax year |
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88 | 88 | | thereafter, if the total tax credits authorized by this section exceed |
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89 | 89 | | $1,500,000 in any tax year, the secretary shall allow such credits but shall |
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90 | 90 | | factor the excess over $1,500,000 into a percentage adjustment for the |
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91 | 91 | | subsequent tax year. The secretary of taxation shall annually calculate and |
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92 | 92 | | publish on the website of the department of revenue a percentage, if any, |
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93 | 93 | | by which the credits authorized by this section shall be reduced, so that the |
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94 | 94 | | maximum total amount of such credits allowed is estimated not to exceed |
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95 | 95 | | $1,500,000 for such tax year. The formula to be used for the percentage |
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96 | 96 | | adjustment shall be $1,500,000 divided by the amount of the credits |
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97 | 97 | | allowed in the prior tax year, except that for tax year 2026, the |
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98 | 98 | | denominator shall be the amount of the total credits claimed, including any |
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99 | 99 | | claims disallowed due to the limitation on total credits for tax year 2025. |
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100 | 100 | | (d) The secretary of revenue may adopt rules and regulations to |
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101 | 101 | | implement the provisions of this section. |
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102 | 102 | | Sec. 4. This act shall take effect and be in force from and after its |
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103 | 103 | | publication in the statute book. |
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