As Further Amended by House Committee

         
As Amended by House Committee
         
Session of 2000
         
HOUSE BILL No. 2923
         
By Committee on Transportation
         
2-9
         

12             AN  ACT concerning the Kansas City area transportation district and au-
13             thority compact; relating to financing thereof.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. (a) The As an alternative to the tax provided in K.S.A.
17       12-2535, and amendments thereto, the board of county commission-
18       ers of any county participating as a member of the Kansas City area trans-
19       portation district and the Kansas City area transportation authority, as
20       established under K.S.A. 12-2524 through 12-2535, and amendments
21       thereto, is authorized to adopt a resolution proposing to levy and col-
22       lect a countywide retailers' sales tax for the purpose of contributing to
23       the financial support of the district and shall adopt a resolution imposing
24       a countywide retailers' sales tax and pledging the revenues received there-
25       from for such purpose. The rate of such tax shall be fixed in an amount
26       of not more than .25%. Any resolution shall provide that if a petition in
27       opposition to the levy, signed by not less than 5% of the qualified electors
28       of such county, is filed with the county commissioners within 60 days
29       after the publication of the resolution, the levy will The levy shall not
30       be made until first approved at a question submitted election which shall
31       be called for that purpose or at the next general election. Such resolution
32       shall be published once each week for two consecutive weeks in a news-
33       paper having general circulation in the county. In the event that no pe-
34       tition as specified above is filed in accordance with the provisions of such
35       notice, the county commissioners may make the levy authorized in the
36       resolution. If such a petition is filed as provided in such notice, the county
37       commissioners may notify the The county commissioners shall notify
38       the county election official of the date of an election to be held to submit
39       the question of whether such levy shall be authorized. All of the qualified
40       electors in the county shall be entitled to vote at such election. If Except
41       as hereinafter provided, if a majority of the votes cast and counted at
42       such election is in favor of the resolution, the governing body may make
43       the levy. No countywide retailers' sales tax authorized by this sec-


2

  1       tion, shall be levied, unless such tax has been submitted to the
  2       voters of all counties which have become members of the Kansas
  3       City area transportation district and authority and has been ap-
  4       proved by the voters of at least Johnson County, Kansas, and Jack-
  5       son County, Missouri.
  6             Any county levying a retailers' sales tax under authority of this section
  7       is hereby prohibited from administering or collecting such tax locally, but
  8       shall utilize the services of the state department of revenue to administer,
  9       enforce and collect such tax. The sales tax shall be administered, enforced
10       and collected in the same manner and by the same procedure as other
11       countywide retailers' sales taxes are levied and collected and shall be in
12       addition to any other sales tax authorized by law. Upon receipt of a cer-
13       tified copy of a resolution authorizing the levy of a countywide retailers'
14       sales tax pursuant to this section, the state director of taxation shall cause
15       such tax to be collected within and outside the boundaries of such county
16       at the same time and in the same manner provided for the collection of
17       the state retailers' sales tax. All moneys collected by the director of tax-
18       ation under the provisions of this section shall be credited to the Kansas
19       City area transportation district and authority retailers' sales tax fund
20       which fund is hereby established in the state treasury. Any refund due on
21       any countywide retailers' sales tax collected pursuant to this section shall
22       be paid out of the sales tax refund fund and reimbursed by the director
23       of taxation from retailers' sales tax revenue collected pursuant to this
24       section. All countywide retailers' sales tax revenue collected within any
25       county pursuant to this section shall be remitted at least quarterly by the
26       state treasurer, on instruction from the director of taxation, to the trea-
27       surer of such county.
28             (b) All revenue received by any county treasurer from a countywide
29       retailers' sales tax imposed pursuant to this section shall be appropriated
30       by the county to the Kansas City area transportation authority within 60
31       days of receipt of the funds by the county for expenditure by the authority
32       pursuant to and in accordance with the provisions of the Kansas City area
33       transportation district compact. If any such revenue remains upon nulli-
34       fication and voidance of the Kansas City area transportation district com-
35       pact, the county treasurer shall deposit such revenue to the credit of the
36       general fund of the county.
37             (c) Any countywide retailers' sales tax imposed pursuant to this sec-
38       tion shall expire upon the date of actual withdrawal of the county from
39       the Kansas City area transportation district compact or at any time the
40       Kansas City area transportation district compact becomes null and void
41       and of no further force or effect. If any moneys remain in the Kansas City
42       area transportation district and authority retailers' sales tax fund upon
43       nullification and voidance of the Kansas City area transportation district


3

  1       compact, the state treasurer shall transfer such moneys to the county and
  2       city retailers' sales tax fund to be apportioned and remitted at the same
  3       time and in the same manner as other countywide retailers' sales tax
  4       revenues are apportioned and remitted.
  5        Sec.  2. This act shall take effect and be in force from and after its
  6       publication in the statute book.