Session of 1998
HOUSE BILL No. 2967
By Representative Wagle
2-13
9
AN ACT concerning confined feeding facilities
for swine; imposing cer-
10 tain restrictions;
providing for certain tax credits; amending K.S.A. 79-
11 32,117 and K.S.A. 1997
Supp. 65-171d and repealing the existing
12 sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. K.S.A.
1997 Supp. 65-171d is hereby amended to read as
16 follows: 65-171d. (a) For the purpose of
preventing surface and subsur-
17 face water pollution and soil pollution
detrimental to public health or to
18 the plant, animal and aquatic life of the
state, and to protect beneficial
19 uses of the waters of the state and to
require the treatment of sewage
20 predicated upon technologically based
effluent limitations, the secretary
21 of health and environment shall make such
rules and regulations, includ-
22 ing registration of potential sources of
pollution, as may in the secretary's
23 judgment be necessary to: (1) Protect the
soil and waters of the state from
24 pollution resulting from underground
storage reservoirs of hydrocarbons
25 and liquid petroleum gas; (2) control the
disposal, discharge or escape of
26 sewage as defined in K.S.A. 65-164 and
amendments thereto, by or from
27 municipalities, corporations, companies,
institutions, state agencies, fed-
28 eral agencies or individuals and any
plants, works or facilities owned or
29 operated, or both, by them; and (3)
establish water quality standards for
30 the waters of the state to protect their
beneficial uses.
31 (b) The secretary of
health and environment may adopt by reference
32 any regulation relating to water quality
and effluent standards promul-
33 gated by the federal government pursuant to
the provisions of the federal
34 clean water act and amendments thereto, as
in effect on January 1, 1989,
35 which the secretary is otherwise authorized
by law to adopt.
36 (c) For the purposes of
this act, including K.S.A. 65-161 through
37 65-171h and sections 2, 3 and 4, and
amendments thereto, and rules and
38 regulations adopted pursuant thereto:
39 (1) ``Pollution'' means:
(A) Such contamination or other alteration of
40 the physical, chemical or biological
properties of any waters of the state
41 as will or is likely to create a nuisance
or render such waters harmful,
42 detrimental or injurious to public health,
safety or welfare, or to the plant,
43 animal or aquatic life of the state or to
other designated beneficial uses;
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2
1 or (B) such discharge as will or is
likely to exceed state effluent standards
2 predicated upon technologically based
effluent limitations.
3 (2) ``Confined
feeding facility'' means any lot, pen, pool or pond: (A)
4 Which is used for the confined
feeding of animals or fowl for food, fur
5 or pleasure purposes; (B) which is
not normally used for raising crops;
6 and (C) in which no vegetation
intended for animal food is growing.
7 (3) ``Animal
unit'' means a unit of measurement calculated by adding
8 the following numbers: The number of
beef cattle weighing more than
9 700 pounds multiplied by 1.0; plus
the number of cattle weighing less
10 than 700 pounds multiplied by 0.5; plus the
number of mature dairy cattle
11 multiplied by 1.4; plus the number of swine
weighing more than 55
12 pounds multiplied by 0.4; plus the number
of swine weighing 55 pounds
13 or less multiplied by 0.1; plus the number
of sheep or lambs multiplied
14 by 0.1; plus the number of horses
multiplied by 2.0; plus the number of
15 turkeys multiplied by 0.018; plus the
number of laying hens or broilers,
16 if the facility has continuous overflow
watering, multiplied by 0.01; plus
17 the number of laying hens or broilers, if
the facility has a liquid manure
18 system, multiplied by 0.033; plus the
number of ducks multiplied by 0.2.
19 However, each head of cattle will be
counted as one full animal unit for
20 the purpose of determining the need for a
federal permit. ``Animal unit''
21 also includes the number of swine weighing
55 pounds or less multiplied
22 by 0.1 for the purpose of determining
applicable requirements for new
23 construction of a confined feeding facility
for which a permit or registra-
24 tion has not been issued before January 1,
1998, and for which an appli-
25 cation for a permit or registration and
plans have not been filed with the
26 secretary of health and environment before
January 1, 1998, or for the
27 purpose of determining applicable
requirements for expansion of such
28 facility. However, each head of swine
weighing 55 pounds or less shall be
29 counted as 0.0 animal unit for the purpose
of determining the need for
30 a federal permit.
31 (4) ``Animal unit
capacity'' means the maximum number of animal
32 units which a confined feeding facility is
designed to accommodate at any
33 one time.
34 (5) ``Habitable
structure'' means any of the following structures which
35 is occupied or maintained in a condition
which may be occupied: A dwell-
36 ing, church, school, adult care home,
medical care facility, child care
37 facility, library, community center, public
building, office building or li-
38 censed food service or lodging
establishment.
39 (6) ``Waste retention
lagoon or pond'' means an excavated or diked
40 structure, or a natural depression,
provided for or used for the purpose
41 of containing or detaining animal wastes
or other wastes generated in the
42 production of animals.
43 (d) In adopting rules
and regulations, the secretary of health and en-
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3
1 vironment, taking into account the
varying conditions that are probable
2 for each source of sewage and its
possible place of disposal, discharge or
3 escape, may provide for varying the
control measures required in each
4 case to those the secretary finds to
be necessary to prevent pollution. If
5 a freshwater reservoir or farm pond
is privately owned and where com-
6 plete ownership of land bordering the
reservoir is under common private
7 ownership, such freshwater reservoir
or farm pond shall be exempt from
8 water quality standards except as it
relates to water discharge or seepage
9 from the reservoir to waters of the
state, either surface or groundwater,
10 or as it relates to the public health of
persons using the reservoir or pond
11 or waters therefrom.
12 (e) (1) Whenever
the secretary of health and environment or the
13 secretary's duly authorized agents find
that the soil or waters of the state
14 are not being protected from pollution
resulting from underground stor-
15 age reservoirs of hydrocarbons and liquid
petroleum gas or that storage
16 or disposal of salt water not regulated by
the state corporation commission
17 or refuse in any surface pond is causing or
is likely to cause pollution of
18 soil or waters of the state, the secretary
or the secretary's duly authorized
19 agents shall issue an order prohibiting
such underground storage reservoir
20 or surface pond. Any person aggrieved by
such order may within 15 days
21 of service of the order request in writing
a hearing on the order.
22 (2) Upon receipt of a
timely request, a hearing shall be conducted in
23 accordance with the provisions of the
Kansas administrative procedure
24 act.
25 (3) Any action of the
secretary pursuant to this subsection is subject
26 to review in accordance with the act for
judicial review and civil enforce-
27 ment of agency actions.
28 (f) The secretary may
adopt rules and regulations establishing fees
29 for the following services:
30 (1) Plan approval,
monitoring and inspecting underground or buried
31 petroleum products storage tanks, for which
the annual fee shall not ex-
32 ceed $5 for each tank in place;
33 (2) permitting,
monitoring and inspecting salt solution mining oper-
34 ators, for which the annual fee shall not
exceed $1,950 per company; and
35 (3) permitting,
monitoring and inspecting hydrocarbon storage wells
36 and well systems, for which the annual fee
shall not exceed $1,875 per
37 company.
38 (g) Prior to any new
construction of a confined feeding facility with
39 an animal unit capacity of 300 to 999, such
facility shall register with the
40 secretary of health and environment.
Facilities with less than 300 animal
41 units may register with the secretary. Any
such registration shall be ac-
42 companied by a $25 fee. Within 30 days of
receipt of such registration,
43 the department of health and environment
shall identify any significant
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1 water pollution potential or
separation distance violations pursuant to sub-
2 section (h). If there is identified a
significant water pollution potential,
3 such facility shall be required to
obtain a permit from the secretary. If
4 there is no water pollution potential
posed by a facility with an animal
5 unit capacity of less than 300, the
secretary may certify that no permit is
6 required. If there is no water
pollution potential nor any violation of
7 separation distances posed by a
facility with an animal unit capacity of
8 300 to 999, the secretary shall
certify that no permit is required and that
9 there are no certification conditions
pertaining to separation distances. If
10 a separation distance violation is
identified, the secretary may reduce the
11 separation distance in accordance with
subsection (i) and shall certify any
12 such reduction of separation distances.
13 (h) (1) Any
new construction or new expansion of a confined feeding
14 facility shall meet or exceed the following
requirements in separation
15 distances from any habitable structure:
16
(1) (A) 1320 feet for
facilities with an animal unit capacity of 300 to
17 999; and
18
(2) (B) 4000 feet for
facilities with an animal unit capacity of 1,000
19 or more.
20 (2) In addition to
the requirements of subsection (h)(1), any waste
21 retention lagoon or pond constructed or
expanded after the effective date
22 of this act and utilized by a confined
feeding facility for swine shall meet
23 or exceed the following requirements in
separation distances:
24 (A) One mile from any
habitable structure that is a dwelling; and
25 (B) three miles from
any community of five or more habitable struc-
26 tures that are dwellings.
27 (i) The separation
distance requirements of subsection (h) shall not
28 apply if such person newly constructing or
newly expanding a confined
29 feeding facility obtains a written
agreement from all owners of habitable
30 structures which are within the separation
distance stating such owners
31 are aware of such construction or expansion
and have no objections to
32 such construction or expansion. The written
agreement shall be filed in
33 the register of deeds office of the county
in which the habitable structure
34 is located. The secretary may reduce
separation distance requirements if:
35 (1) No substantial objection from owners of
habitable structures within
36 the separation distance is received in
response to public notice; or (2) the
37 board of county commissioners of the county
where the confined feeding
38 facility is located submits a written
request seeking a reduction of sepa-
39 ration distances.
40 (j) The separation
distances required pursuant to subsection (h) shall
41 not apply to:
42 (1) Confined feeding
facilities which are permitted or certified by the
43 secretary on the effective date of this
act;
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1 (2) confined
feeding facilities which exist on the effective date of this
2 act and register with the secretary
before July 1, 1996; or
3 (3) expansion of a
confined feeding facility, including any expansion
4 for which an application is pending
on the effective date of this act, if:
5 (A) In the case of a facility with an
animal unit capacity of 1,000 or more
6 prior to the effective date of this
act, the expansion is located at a distance
7 not less than the distance between
the facility and the nearest habitable
8 structure prior to the expansion; or
(B) in the case of a facility with an
9 animal unit capacity of less than
1,000 prior to the effective date of this
10 act and, the expansion is located at a
distance not less than the distance
11 between the facility and the nearest
habitable structure prior to the ex-
12 pansion the animal unit capacity of the
facility after expansion does not
13 exceed 2,000.
14 (k) All plans and
specifications submitted to the department for new
15 construction or new expansion of confined
feeding facilities may be, but
16 are not required to be, prepared by a
professional engineer or a consult-
17 ant.
18 New Sec. 2. (a)
Notwithstanding any other provision of law to the
19 contrary, if, pursuant to K.S.A. 17-5908
and amendments thereto, the
20 voters of a county have voted against
allowing the establishment of swine
21 production facilities in the county, the
secretary of health and environ-
22 ment shall not issue a water pollution
control permit for any of the fol-
23 lowing located in such county:
24 (1) Construction or
operation of any new confined feeding facility for
25 swine that has an animal unit capacity of
500 or more;
26 (2) expansion of any
existing confined feeding facility for swine to an
27 animal unit capacity of 500 or more; or
28 (3) expansion of any
existing confined feeding facility for swine if such
29 facility has an animal unit capacity of 500
or more.
30 (b) If after the
effective date of this act the voters of a county vote,
31 at an election pursuant to K.S.A. 17-5908
and amendments thereto,
32 against allowing the establishment of swine
production facilities in the
33 county, the prohibition of subsection (a)
shall apply on and after the date
34 of such election.
35 (c) Nothing in this
section shall prohibit:
36 (1) Renewal of a water
pollution control permit that was issued by
37 the secretary before the effective date of
this act;
38 (2) issuance of a permit
for:
39 (A) Construction to
repair a component of an existing confined feed-
40 ing facility for swine, waste retention
lagoon or pond or animal waste
41 management system;
42 (B) construction to
replace a component of an existing confined feed-
43 ing facility for swine, waste retention
lagoon or pond or animal waste
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6
1 management system, if the replacement
does not result in an increase in
2 swine population;
3 (C) construction
or expansion of an existing confined feeding facility
4 for swine for the purpose of
increasing the swine population to the pro-
5 jected population, or to the
population that the animal waste management
6 system serving the facility is
designed to accommodate, as set forth in the
7 facility's animal waste management
plans approved by the department of
8 health and environment before
February 1, 1998;
9 (D) construction
or expansion of an existing confined feeding facility
10 for swine, waste retention lagoon or pond
or animal waste management
11 system for the purpose of complying with
applicable animal waste man-
12 agement rules and regulations and not for
the purpose of increasing the
13 swine population;
14 (E) construction or
expansion of a confined feeding facility for swine,
15 waste retention lagoon or pond or animal
waste management system, if
16 the person undertaking the construction or
expansion has, before Feb-
17 ruary 1, 1998: (i) Laid a foundation for a
component of such facility,
18 lagoon, pond or system; (ii) entered into a
bona fide written contract for
19 the construction or expansion of such
facility, lagoon, pond or system; or
20 (iii) been approved for a loan or line of
credit to finance the construction
21 or expansion of such facility, lagoon, pond
or system and has obligated or
22 expended funds derived from the loan or
line of credit;
23 (F) construction or
expansion of an innovative animal waste manage-
24 ment system that does not employ an
anaerobic lagoon and that has been
25 approved by the department of health and
environment.
26 (d) The provisions of
this section shall expire one year after the ef-
27 fective date of this act.
28 New Sec. 3. Waste
retention lagoons or ponds constructed or ex-
29 panded on or after the effective date of
this act and utilized by confined
30 feeding facilities for swine shall be
designed, constructed and maintained
31 in such a manner that the rate of seepage
from the lagoon or pond does
32 not exceed 1/32 inch per day per unit area
at the maximum design water
33 surface elevation.
34 New Sec. 4. The
secretary of health and environment, in cooperation
35 with Kansas state university scientists
conducting the evaluation of la-
36 goons for containment of animal waste,
shall submit, on or before the
37 first day of the 1999 regular legislative
session, to the chairperson of the
38 house and senate standing committees on
agriculture, the chairperson of
39 the house standing committee on environment
and the chairperson of
40 the senate standing committee on energy and
natural resources, recom-
41 mendations regarding:
42 (a) Extension of the
moratorium pursuant to section 2 on the issuance
43 of permits to certain confined feeding
facilities for swine;
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1 (b) modification
of setback requirements for confined feeding facil-
2 ities for swine and waste retention
lagoons and ponds;
3 (c) modification
of design and construction standards for animal
4 waste management systems utilized by
confined feeding facilities for
5 swine; and
6 (d) assurance of
financial responsibility for remediation of any future
7 groundwater contamination from
confined feeding facilities for swine.
8 New
Sec. 5. (a) The Kansas water pollution control revolving
fund
9 may be used to make loans to
municipalities for payment of project costs
10 for acquisition, construction, improvement,
repair, rehabilitation or ex-
11 tension of wastewater treatment works of
municipalities as needed to
12 accommodate pork processing or packing
plants.
13 (b) This section shall
be part of and supplemental to K.S.A. 65-3321
14 through 65-3329 and amendments thereto.
15 New Sec. 6. (a) As
used in this section:
16 (1) Terms have the
meanings provided by K.S.A. 65-171d and
17 amendments thereto.
18 (2) ``Approved
improvements to an animal waste management sys-
19 tem'' means improvements to the design or
construction of a new or
20 existing animal waste management system
that are approved by the sec-
21 retary of health and environment as a means
to decrease seepage, contain
22 or destroy odor or process water or wastes
but that exceed the require-
23 ments for obtaining a water pollution
control permit.
24 (b) There shall be
allowed as a credit against the tax liability of a
25 taxpayer imposed under the Kansas income
tax act an amount equal to
26 costs incurred prior to January 1, 2004, by
the taxpayer for approved
27 improvements to an animal waste management
system utilized by a con-
28 fined feeding facility for swine that is
located in a county where the voters
29 have not voted, pursuant to K.S.A. 17-5908
and amendments thereto,
30 against allowing the establishment of swine
production facilities in the
31 county. The tax credit allowed by this
subsection shall be deducted from
32 the taxpayer's income tax liability for the
taxable year in which the ex-
33 penditures are made by the taxpayer. If the
amount of such tax credit
34 exceeds the taxpayer's income tax liability
for such taxable year, the tax-
35 payer may carry over the amount thereof
that exceeds such tax liability
36 for deduction from the taxpayer's income
tax liability in the next suc-
37 ceeding taxable year or years until the
total amount of the tax credit has
38 been deducted from tax liability.
39 (c) The provisions of
this section shall be applicable to all taxable
40 years commencing after December 31,
1998.
41 Sec. 7. K.S.A.
79-32,117 is hereby amended to read as follows: 79-
42 32,117. (a) The Kansas adjusted gross
income of an individual means such
43 individual's federal adjusted gross income
for the taxable year, with the
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8
1 modifications specified in this
section.
2 (b) There shall be
added to federal adjusted gross income:
3 (i) Interest
income less any related expenses directly incurred in the
4 purchase of state or political
subdivision obligations, to the extent that
5 the same is not included in federal
adjusted gross income, on obligations
6 of any state or political subdivision
thereof, but to the extent that interest
7 income on obligations of this state
or a political subdivision thereof issued
8 prior to January 1, 1988, is
specifically exempt from income tax under the
9 laws of this state authorizing the
issuance of such obligations, it shall be
10 excluded from computation of Kansas
adjusted gross income whether or
11 not included in federal adjusted gross
income. Interest income on obli-
12 gations of this state or a political
subdivision thereof issued after Decem-
13 ber 31, 1987, shall be excluded from
computation of Kansas adjusted
14 gross income whether or not included in
federal adjusted gross income.
15 (ii) Taxes on or
measured by income or fees or payments in lieu of
16 income taxes imposed by this state or any
other taxing jurisdiction to the
17 extent deductible in determining federal
adjusted gross income and not
18 credited against federal income tax. This
paragraph shall not apply to taxes
19 imposed under the provisions of K.S.A.
79-1107 or 79-1108, and amend-
20 ments thereto, for privilege tax year 1995,
and all such years thereafter.
21 (iii) The federal net
operating loss deduction.
22 (iv) Federal income tax
refunds received by the taxpayer if the de-
23 duction of the taxes being refunded
resulted in a tax benefit for Kansas
24 income tax purposes during a prior taxable
year. Such refunds shall be
25 included in income in the year actually
received regardless of the method
26 of accounting used by the taxpayer. For
purposes hereof, a tax benefit
27 shall be deemed to have resulted if the
amount of the tax had been de-
28 ducted in determining income subject to a
Kansas income tax for a prior
29 year regardless of the rate of taxation
applied in such prior year to the
30 Kansas taxable income, but only that
portion of the refund shall be in-
31 cluded as bears the same proportion to the
total refund received as the
32 federal taxes deducted in the year to which
such refund is attributable
33 bears to the total federal income taxes
paid for such year. For purposes
34 of the foregoing sentence, federal taxes
shall be considered to have been
35 deducted only to the extent such deduction
does not reduce Kansas tax-
36 able income below zero.
37 (v) The amount of any
depreciation deduction or business expense
38 deduction claimed on the taxpayer's federal
income tax return for any
39 capital expenditure in making any building
or facility accessible to the
40 handicapped, for which expenditure the
taxpayer claimed the credit al-
41 lowed by K.S.A. 79-32,177, and amendments
thereto.
42 (vi) Any amount of
designated employee contributions picked up by
43 an employer pursuant to K.S.A. 12-5005,
20-2603, 74-4919 and 74-4965,
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9
1 and amendments to such sections.
2 (vii) The amount
of any charitable contribution made to the extent
3 the same is claimed as the basis for
the credit allowed pursuant to K.S.A.
4 79-32,196, and amendments
thereto.
5 (viii) The
amount of any costs incurred for improvements to an ani-
6 mal waste management system
utilized by a confined feeding facility for
7 swine, claimed for deduction in
determining federal adjusted gross in-
8 come, to the extent the same is
claimed as the basis for any credit allowed
9 pursuant to section 4 and
amendments thereto.
10 (c) There shall be
subtracted from federal adjusted gross income:
11 (i) Interest or dividend
income on obligations or securities of any
12 authority, commission or instrumentality of
the United States and its pos-
13 sessions less any related expenses directly
incurred in the purchase of
14 such obligations or securities, to the
extent included in federal adjusted
15 gross income but exempt from state income
taxes under the laws of the
16 United States.
17 (ii) Any amounts
received which are included in federal adjusted
18 gross income but which are specifically
exempt from Kansas income tax-
19 ation under the laws of the state of
Kansas.
20 (iii) The portion of any
gain or loss from the sale or other disposition
21 of property having a higher adjusted basis
for Kansas income tax purposes
22 than for federal income tax purposes on the
date such property was sold
23 or disposed of in a transaction in which
gain or loss was recognized for
24 purposes of federal income tax that does
not exceed such difference in
25 basis, but if a gain is considered a
long-term capital gain for federal in-
26 come tax purposes, the modification shall
be limited to that portion of
27 such gain which is included in federal
adjusted gross income.
28 (iv) The amount
necessary to prevent the taxation under this act of
29 any annuity or other amount of income or
gain which was properly in-
30 cluded in income or gain and was taxed
under the laws of this state for a
31 taxable year prior to the effective date of
this act, as amended, to the
32 taxpayer, or to a decedent by reason of
whose death the taxpayer acquired
33 the right to receive the income or gain, or
to a trust or estate from which
34 the taxpayer received the income or
gain.
35 (v) The amount of any
refund or credit for overpayment of taxes on
36 or measured by income or fees or payments
in lieu of income taxes im-
37 posed by this state, or any taxing
jurisdiction, to the extent included in
38 gross income for federal income tax
purposes.
39 (vi) Accumulation
distributions received by a taxpayer as a beneficiary
40 of a trust to the extent that the same are
included in federal adjusted
41 gross income.
42 (vii) Amounts received
as annuities under the federal civil service
43 retirement system from the civil service
retirement and disability fund
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1 and other amounts received as
retirement benefits in whatever form
2 which were earned for being employed
by the federal government or for
3 service in the armed forces of the
United States.
4 (viii) Amounts
received by retired railroad employees as a supple-
5 mental annuity under the provisions
of 45 U.S.C. 228b (a) and 228c (a)(1)
6 et seq.
7 (ix) Amounts
received by retired employees of a city and by retired
8 employees of any board of such city
as retirement allowances pursuant to
9 K.S.A. 13-14,106, and amendments
thereto, or pursuant to any charter
10 ordinance exempting a city from the
provisions of K.S.A. 13-14,106, and
11 amendments thereto.
12 (x) For taxable years
beginning after December 31, 1976, the amount
13 of the federal tentative jobs tax credit
disallowance under the provisions
14 of 26 U.S.C. 280 C. For taxable years
ending after December 31, 1978,
15 the amount of the targeted jobs tax credit
and work incentive credit dis-
16 allowances under 26 U.S.C. 280 C.
17 (xi) For taxable years
beginning after December 31, 1986, dividend
18 income on stock issued by Kansas Venture
Capital, Inc.
19 (xii) For taxable years
beginning after December 31, 1989, amounts
20 received by retired employees of a board of
public utilities as pension and
21 retirement benefits pursuant to K.S.A.
13-1246, 13-1246a and 13-1249
22 and amendments thereto.
23 (xiii) For taxable years
beginning after December 31, 1993, the
24 amount of income earned on contributions
deposited to an individual
25 development account under K.S.A.
79-32,117h, and amendments thereto.
26 (xiv) For all taxable
years commencing after December 31, 1996, that
27 portion of any income of a bank organized
under the laws of this state or
28 any other state, a national banking
association organized under the laws
29 of the United States, an association
organized under the savings and loan
30 code of this state or any other state, or a
federal savings association or-
31 ganized under the laws of the United
States, for which an election as an
32 S corporation under subchapter S of the
federal internal revenue code is
33 in effect, which accrues to the taxpayer
who is a stockholder of such
34 corporation and which is not distributed to
the stockholders as dividends
35 of the corporation.
36 (d) There shall be added
to or subtracted from federal adjusted gross
37 income the taxpayer's share, as beneficiary
of an estate or trust, of the
38 Kansas fiduciary adjustment determined
under K.S.A. 79-32,135, and
39 amendments thereto.
40 (e) The amount of
modifications required to be made under this sec-
41 tion by a partner which relates to items of
income, gain, loss, deduction
42 or credit of a partnership shall be
determined under K.S.A. 79-32,131,
43 and amendments thereto, to the extent that
such items affect federal
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11
1 adjusted gross income of the
partner.
2
Sec. 8. K.S.A. 79-32,117 and K.S.A. 1997 Supp. 65-171d
are hereby
3 repealed.
4 Sec. 9. This
act shall take effect and be in force from and after its
5 publication in the Kansas
register.
6
7