---

Session of 2000
          HOUSE BILL No. 2944           By Representatives Gregory and Aday, Lloyd, P. Long, Mays,           Osborne and Powers           2-9          

---

11             AN  ACT relating to income taxation; providing rebates of excess general
12             fund receipts.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) In any year in which the sum of the amount by which
16       the actual general fund receipts for the fiscal year ending in such year
17       exceed the joint estimate of revenue to the state general fund prepared
18       pursuant to K.S.A. 75-6701, and amendments thereto, on or before April
19       4 of such calendar year as adjusted by the estimate prepared pursuant to
20       subsection (b) of K.S.A. 75-6701, and amendments thereto, and the
21       amount by which such estimate of revenue for the next following fiscal
22       year prepared on or before December 4 of such calendar year exceed
23       such estimate for such fiscal year prepared on or before April 4 of such
24       calendar year as adjusted pursuant to subsection (b) of K.S.A. 75-6701,
25       and amendments thereto, exceeds $50,000,000, there shall be rebated to
26       all income taxpayers the amount of such revenue in excess of $25,000,000.
27       The amount of such rebate that each income taxpayer shall be entitled is
28       equal to the proportion thereof that such taxpayer's paid liability of the
29       preceding income tax year bears to all taxpayers paid liability of such year,
30       except that no taxpayer shall receive less than a $5 rebate amount.
31             (b) On or before December 15 of any year to which subsection (a)
32       applies, the secretary of revenue shall certify to the director of accounts
33       and reports the name and last known address of the income taxpayer, the
34       amount of the rebate and such other information as the director may
35       require. Upon receipt of such certification, the director of accounts and
36       reports shall issue a warrant on the state treasurer for the payment to the
37       taxpayer from the state general fund. The following notation shall be
38       made thereon: "This check is valid for 180 days. If this check is not cashed
39       within 180 days it will be used to fund K-12 public education." No such
40       warrant shall be valid after 180 days after its date of issuance. In the event
41       any such warrant becomes invalid, the total amount thereof shall be dis-
42       tributed to the unified school district within which the taxpayer domiciled.
43       In the event any such warrants become invalid and the taxpayer's domicile

2
  1       is not located within a unified school district, the resulting total amount
  2       of moneys shall be distributed to each public school district in the same
  3       proportion that its receipts of base state aid per pupil during the current
  4       fiscal year bears to all such aid received by all such districts during such
  5       year.
  6             (c) Any rebate made to any taxpayer pursuant to the provisions of this
  7       section shall be exempt from taxation under the Kansas income tax act. 
  8        Sec.  2. This act shall take effect and be in force from and after its
  9       publication in the statute book.