Session of 1997
HOUSE BILL No. 2496
By Committee on Appropriations
9 AN ACT concerning improvements to existing structures; relating to tax
10 increment rebates; amending K.S.A. 1996 Supp. 12-17,118 and re-
11 pealing the existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1996 Supp. 12-17,118 is hereby amended to read
15 as follows: 12-17,118. (a) Following adoption of a plan pursuant to K.S.A.
16 1996 Supp. 12-17,117 and amendments thereto, the governing body shall
17 create a neighborhood revitalization fund to finance the redevelopment
18 of designated revitalization areas and dilapidated structures and to pro-
19 vide rebates authorized by this section. Moneys may be budgeted and
20 transferred to such fund from any source which may be lawfully utilized
21 for such purposes. Any municipality may expend money from the general
22 fund of such municipality to accomplish the purposes of this act.
23 (b) Moneys credited to such fund from annually budgeted transfers
24 shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937,
25 and amendments thereto. In making the budget of the municipality, the
26 amounts credited to, and the amount on hand in, such neighborhood
27 revitalization fund and the amount expended therefrom shall be shown
28 thereon for the information of taxpayers. Moneys in such fund may be
29 invested in accordance with K.S.A. 10-131, and amendments thereto with
30 the interest credited to the fund.
31 (c) If the governing body determines that money which has been
32 credited to such fund or any part thereof is not needed for the purposes
33 for which so budgeted or transferred, the governing body may transfer
34 such amount not needed to the fund from which it came and such re-
35 transfer and expenditure shall be subject to the provisions of K.S.A. 79-
36 2925 through 79-2937, and amendments thereto.
37 (d) Any increment in ad valorem property taxes levied by the munic-
38 ipality resulting from improvements by a taxpayer to property in a neigh-
39 borhood revitalization area or to a dilapidated structure may be credited
40 to the fund for the purpose of returning all or a part of the property
41 increment to the taxpayer in the form of a rebate. Applications for rebates
42 shall be submitted in the manner and subject to the conditions provided
43 by the revitalization plan adopted under K.S.A. 1996 Supp. 12-17,117 and
1 amendments thereto. Upon approval of an application received here-
2 under the municipality shall rebate all or a part of incremental increases
3 in ad valorem property tax resulting from the improvements. Upon pay-
4 ment of taxes by the taxpayer, the rebate must be made within 30 days
5 after the next distribution date as specified in K.S.A. 12-1678a, and
6 amendments thereto.
7 (e) No later than November 1 of each year the county clerk of each
8 county shall certify to the state commissioner of education the assessed
9 valuation amount of any school district therein for which tax increment
10 rebates have been made by the school district during the previous year
11 in accordance with an interlocal agreement approved by the board of
12 education of such district under the provisions of K.S.A. 1996 Supp. 12-
13 17,119 and amendments thereto. The amount of the assessed valuation
14 shall be determined by dividing the total amount of tax increment rebates
15 paid by the district during the preceding 12 months by the total of the ad
16 valorem tax levy rates levied by or on behalf of the district in the previous
17 year. The commissioner of education shall annually deduct the certified
18 amounts of assessed valuation for such rebates from the total assessed
19 valuation of the district in determining the total and per pupil assessed
20 valuations used in the allocation of state aid payments to school districts.
21 Sec. 2. K.S.A. 1996 Supp. 12-17,118 is hereby repealed.
22 Sec. 3. This act shall take effect and be in force from and after its
23 publication in the statute book.