Session of 2000
         
HOUSE BILL No. 3007
         
By Committee on Taxation
         
2-23
         

  9             AN  ACT relating to reporting requirements of the department of reve-
10             nue concerning local excise taxes; amending K.S.A. 1999 Supp. 12-
11             189, 12-1694, 12-1698 and 75-5133 and repealing the existing sections;
12             also repealing K.S.A. 1999 Supp. 12-189c.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 12-189 is hereby amended to read as
16       follows: 12-189. Except as otherwise provided by paragraph (2) of sub-
17       section (a) of K.S.A. 12-187, and amendments thereto, the rate of any
18       class A, class B or class C city retailers' sales tax shall be fixed in the
19       amount of .25%, .5%, .75% or 1% which amount shall be determined by
20       the governing body of the city. Except as otherwise provided by paragraph
21       (2) of subsection (a) of K.S.A. 12-187, and amendments thereto, the rate
22       of any class D city retailers' sales tax shall be fixed in the amount of .25%,
23       .5%, .75%, 1%, 1.125%, 1.25%, 1.5% or 1.75%. The rate of any county-
24       wide retailers' sales tax shall be fixed in an amount of either .25%, .5%,
25       .75% or 1% which amount shall be determined by the board of county
26       commissioners, except that:
27             (a) The board of county commissioners of Cherokee, Crawford, Ford,
28       Saline, Seward or Wyandotte county, for the purposes of paragraph (2)
29       of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such
30       rate at 1.5%, the board of county commissioners of Atchison county, for
31       the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and
32       amendments thereto, may fix such rate at 1.5% or 1.75% and the board
33       of county commissioners of Barton, Jefferson or Ottawa county, for the
34       purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and amend-
35       ments thereto, may fix such rate at 2%;
36             (b) the board of county commissioners of Jackson county, for the
37       purposes of paragraph (3) of subsection (b) of K.S.A. 12-187, and amend-
38       ments thereto, may fix such rate at 2%;
39             (c) the boards of county commissioners of Finney and Ford counties,
40       for the purposes of paragraph (4) of subsection (b) of K.S.A. 12-187, and
41       amendments thereto, may fix such rate at .25%;
42             (d) the board of county commissioners of any county for the purposes
43       of paragraph (5) of subsection (b) of K.S.A. 12-187, and amendments


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  1       thereto, may fix such rate at a percentage which is equal to the sum of
  2       the rate allowed to be imposed by a board of county commissioners on
  3       the effective date of this act plus .25%, .5%, .75% or 1%, as the case
  4       requires;
  5             (e) the board of county commissioners of Dickinson county, for the
  6       purposes of paragraph (7) of subsection (b) of K.S.A. 12-187, and amend-
  7       ments thereto, may fix such rate at 1.5%;
  8             (f) the board of county commissioners of Sherman county, for the
  9       purposes of paragraph (8) of subsection (b) of K.S.A. 12-187, and amend-
10       ments thereto, may fix such rate at 1.5%, 1.75% or 2%; or
11             (g) the board of county commissioners of Russell county for the pur-
12       poses of paragraph (9) of subsection (b) of K.S.A. 12-187, and amend-
13       ments thereto, may fix such rate at 1.5%.
14             Any county or city levying a retailers' sales tax is hereby prohibited
15       from administering or collecting such tax locally, but shall utilize the serv-
16       ices of the state department of revenue to administer, enforce and collect
17       such tax. Except as otherwise specifically provided in K.S.A. 12-189a, and
18       amendments thereto, such tax shall be identical in its application, and
19       exemptions therefrom, to the Kansas retailers' sales tax act and all laws
20       and administrative rules and regulations of the state department of rev-
21       enue relating to the Kansas retailers' sales tax shall apply to such local
22       sales tax insofar as such laws and rules and regulations may be made
23       applicable. The state director of taxation is hereby authorized to admin-
24       ister, enforce and collect such local sales taxes and to adopt such rules
25       and regulations as may be necessary for the efficient and effective ad-
26       ministration and enforcement thereof.
27             Upon receipt of a certified copy of an ordinance or resolution author-
28       izing the levy of a local retailers' sales tax, the state director of taxation
29       shall cause such taxes to be collected within or without the boundaries of
30       such taxing subdivision at the same time and in the same manner provided
31       for the collection of the state retailers' sales tax. All moneys collected by
32       the director of taxation under the provisions of this section shall be cred-
33       ited to a county and city retailers' sales tax fund which fund is hereby
34       established in the state treasury. Any refund due on any county or city
35       retailers' sales tax collected pursuant to this act shall be paid out of the
36       sales tax refund fund and reimbursed by the director of taxation from
37       collections of local retailers' sales tax revenue. Except for local retailer's
38       sales tax revenue required to be deposited in the redevelopment bond fund
39       established under K.S.A. 1999 Supp. 74-8927, and amendments thereto,
40       all local retailers' sales tax revenue collected within any county or city
41       pursuant to this act shall be apportioned and remitted at least quarterly
42       by the state treasurer, on instruction from the director of taxation, to the
43       treasurer of such county or city.


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  1             The director of taxation shall provide, upon request by a city or county
  2       clerk or treasurer of any city or county levying a local retailers' sales tax,
  3       a monthly report monthly reports identifying each retailer having a place
  4       of business in such city or county and setting forth the tax liability and
  5       the amount of such tax remitted by each retailer during the preceding
  6       month, and identifying each business location maintained by the retailer
  7       within such city or county. Such report shall be made available to the
  8       clerk or treasurer of such city or county within a reasonable time after it
  9       has been requested from the director of taxation. The director of taxation
10       shall be allowed to assess a reasonable fee for the issuance of such report.
11       Information received by any city or county pursuant to this section shall
12       be confidential, and it shall be unlawful for any officer or employee of
13       such city or county to divulge any such information in any manner. Any
14       violation of this paragraph by a city or county officer or employee is a
15       class B misdemeanor, and such officer or employee shall be dismissed
16       from office.
17             Sec.  2. K.S.A. 1999 Supp. 12-1694 is hereby amended to read as
18       follows: 12-1694. (a) Any tax levied and collected pursuant to K.S.A. 12-
19       1693, and amendments thereto, shall become due and payable by the
20       business monthly, on or before the 25th day of the month immediately
21       succeeding the month in which it is collected, with the first payment due
22       and payable on or before the 25th day of the month specified in the
23       resolution of the governing body which levies the tax, but any person
24       filing an annual or quarterly return under the Kansas retailers' sales tax
25       act, as prescribed in K.S.A. 79-3607, and amendments thereto, may, with
26       the approval of the secretary of revenue and upon such conditions as the
27       secretary of revenue may prescribe, pay the tax required by this act on
28       the same basis and at the same time such person pays the retailer's sales
29       tax. Each business shall make a true report to the department of revenue,
30       on a form prescribed by the secretary of revenue, providing such infor-
31       mation as may be necessary to determine the amounts to which any such
32       tax shall apply for all gross rental receipts for the applicable month or
33       months, which report shall be accompanied by the tax disclosed thereby.
34       Records of gross rental receipts shall be kept separate and apart from the
35       records of other retail sales made by a business in order to facilitate the
36       examination of books and records as provided herein.
37             (b) The secretary of revenue or the secretary's authorized represen-
38       tative shall have the right at all reasonable times during business hours
39       to make such examination and inspection of the books and records of a
40       business as may be necessary to determine the accuracy of such reports.
41             (c) The secretary of revenue is hereby authorized to administer and
42       collect any transient guest tax levied pursuant to this act and to adopt
43       such rules and regulations as may be necessary for the efficient and ef-


4

  1       fective administration and enforcement of the collection thereof. When-
  2       ever any business liable to pay any transient guest tax refuses or neglects
  3       to pay the same, the amount, including any penalty, shall be collected in
  4       the manner prescribed for the collection of the retailers' sales tax by
  5       K.S.A. 79-3617, and amendments thereto. All of the taxes collected under
  6       the provisions of this act shall be paid into the state treasury daily by the
  7       secretary of revenue, and the state treasurer shall place 2% of all taxes so
  8       collected in the state general fund to defray the expenses of the depart-
  9       ment in administration and enforcement of the collection thereof. The
10       remainder of such taxes shall be credited to the county and city transient
11       guest tax fund, which fund is hereby established. All moneys in the county
12       and city transient guest tax fund shall be remitted at least quarterly by
13       the state treasurer, on instruction from the secretary of revenue, to the
14       treasurers of those cities which, by virtue of their participation in the
15       election provided for in K.S.A. 12-1693, and amendments thereto, are
16       qualified to receive disbursements from such transient guest tax fund for
17       the amount collected within such city, and to the treasurer of such county
18       for the amount collected in the unincorporated areas of such county.
19             (d) The director of taxation shall provide, upon request by a city or
20       county clerk or treasurer of any city or county levying a transient guest
21       tax, a monthly report monthly reports identifying each person doing busi-
22       ness in such city or county to which such tax is applicable and setting
23       forth the tax liability and the amount of such tax remitted by such busi-
24       ness during the preceding month, and identifying each business location
25       maintained by the person within such city or county. Such report shall
26       be made available to the clerk or treasurer of such city or county within
27       a reasonable time after it has been requested from the director of taxation.
28       The director of taxation shall be allowed to assess a reasonable fee for the
29       issuance of such report. Information received by any city or county pur-
30       suant to this section shall be kept confidential, and it shall be unlawful
31       for any officer or employee of such city or county to divulge any such
32       information in any manner. Any violation of this paragraph by a city or
33       county officer or employee is a class B misdemeanor, and such officer or
34       employee shall be dismissed from office.
35             (e) All such moneys received by the county treasurer or city treasurer
36       from disbursements from the county and city transient guest tax fund
37       shall be credited to the tourism and convention promotion fund of such
38       county or city and shall only be expended for convention and tourism
39       promotion, except that not more than 20% of the moneys credited to
40       such fund shall be expended for tourism promotion.
41             Sec.  3. K.S.A. 1999 Supp. 12-1698 is hereby amended to read as
42       follows: 12-1698. (a) Any tax levied and collected pursuant to K.S.A. 12-
43       1697, and amendments thereto, shall become due and payable by the


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  1       business monthly, on or before the 25th day of the month immediately
  2       succeeding the month in which it is collected, with the first payment due
  3       and payable on or before the 25th day of the month specified in the
  4       resolution of the governing body which levies the tax, but any person
  5       filing an annual or quarterly return under the Kansas retailers' sales tax
  6       act, as prescribed in K.S.A. 79-3607, and amendments thereto, shall, upon
  7       such conditions as the secretary of revenue may prescribe, pay the tax
  8       required by this act on the same basis and at the same time such person
  9       pays the retailers' sales tax. Each business shall make a true report to the
10       department of revenue, on a form prescribed by the secretary of revenue,
11       providing such information as may be necessary to determine the amounts
12       to which any such tax shall apply for all gross rental receipts for the
13       applicable month or months, which report shall be accompanied by the
14       tax disclosed thereby. Records of gross rental receipts shall be kept sep-
15       arate and apart from the records of other retail sales made by a business
16       in order to facilitate the examination of books and records as provided
17       herein.
18             (b) The secretary of revenue or the secretary's authorized represen-
19       tative shall have the right at all reasonable times during business hours
20       to make such examination and inspection of the books and records of a
21       business as may be necessary to determine the accuracy of such reports.
22             (c) The secretary of revenue is hereby authorized to administer and
23       collect any transient guest tax levied pursuant to this act and to adopt
24       such rules and regulations as may be necessary for the efficient and ef-
25       fective administration and enforcement of the collection thereof. When-
26       ever any business liable to pay any transient guest tax refuses or neglects
27       to pay the same, the amount, including any penalty, shall be collected in
28       the manner prescribed for the collection of the retailers' sales tax by
29       K.S.A. 79-3617, and amendments thereto. All of the taxes collected under
30       the provisions of this act shall be paid into the state treasury daily by the
31       secretary of revenue, and the state treasurer shall place 2% of all taxes so
32       collected in the state general fund to defray the expenses of the depart-
33       ment in administration and enforcement of the collection thereof. The
34       remainder of such taxes shall be credited to the county or city transient
35       guest tax fund, which fund is hereby established. All moneys in the county
36       or city transient guest tax fund shall be remitted at least quarterly by the
37       state treasurer to the county or city treasurer of each county or city levying
38       a transient guest tax under the provisions of this act in the proportion, as
39       certified by the director of taxation, that the amount collected from such
40       tax in each such county or city bears to the total amount collected from
41       such taxes in all counties or cities for the period covered by the
42       distribution.
43             (d) The director of taxation shall provide, upon request by a city or


6

  1       county clerk or treasurer of any city or county levying a transient guest
  2       tax, a monthly report monthly reports identifying each person doing busi-
  3       ness in such city or county to which such tax is applicable and setting
  4       forth the tax liability and the amount of such tax remitted by such busi-
  5       ness during the preceding month, and identifying each business location
  6       maintained by the person within such city or county. Such report shall
  7       be made available to the clerk or treasurer of such city or county within
  8       a reasonable time after it has been requested from the director of taxation.
  9       The director of taxation shall be allowed to assess a reasonable fee for the
10       issuance of such report. Information received by any city or county pur-
11       suant to this section shall be kept confidential, and it shall be unlawful
12       for any officer or employee of such city or county to divulge any such
13       information in any manner. Any violation of this paragraph by a city or
14       county officer or employee is a class B misdemeanor, and such officer or
15       employee shall be dismissed from office.
16             (e) Except as otherwise provided in K.S.A. 12-1774, and amendments
17       thereto, all such moneys received by the county or city treasurer from
18       disbursements from the county or city transient guest tax fund shall be
19       credited to the tourism and convention promotion fund of such county
20       or city and shall only be expended for convention and tourism promotion.
21             Sec.  4. K.S.A. 1999 Supp. 75-5133 is hereby amended to read as
22       follows: 75-5133. (a) Except as otherwise more specifically provided by
23       law, all information received by the director of taxation from applications
24       for licensure or registration made or returns or reports filed under the
25       provisions of any law imposing any excise tax administered by the director,
26       or from any investigation conducted under such provisions, shall be con-
27       fidential, and it shall be unlawful for any officer or employee of the de-
28       partment of revenue to divulge any such information except in accordance
29       with other provisions of law respecting the enforcement and collection of
30       such tax, in accordance with proper judicial order and as provided in
31       K.S.A. 74-2424, and amendments thereto.
32             (b) Nothing in this section shall be construed to prohibit the publi-
33       cation of statistics, so classified as to prevent identification of particular
34       reports or returns and the items thereof, or the inspection of returns by
35       the attorney general. Nothing in this section shall prohibit the post auditor
36       from access to all such excise tax reports or returns in accordance with
37       and subject to the provisions of subsection (g) of K.S.A. 46-1106, and
38       amendments thereto. Nothing in this section shall be construed to pro-
39       hibit the disclosure of taxpayer information from excise tax returns to
40       persons or entities contracting with the secretary of revenue where the
41       secretary has determined disclosure of such information is essential for
42       completion of the contract and has taken appropriate steps to preserve
43       confidentiality.


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  1             (c) Notwithstanding the foregoing provisions of this section, the di-
  2       rector of taxation may provide: (1) Such information from returns and
  3       reports filed under article 42 of chapter 79 of the Kansas Statutes An-
  4       notated to county appraisers as is necessary to insure proper valuations
  5       of property. Information from such returns and reports may also be ex-
  6       changed with any other state agency administering and collecting con-
  7       servation or other taxes and fees imposed on or measured by mineral
  8       production; and (2) such information from returns and applications for
  9       registration filed pursuant to K.S.A. 12-187, and amendments thereto, and
10       K.S.A. 79-3601, and amendments thereto, to a city or county treasurer or
11       clerk to explain the basis of statistics contained in reports required by
12       K.S.A. 12-189, and amendments thereto, 12-1694, and amendments
13       thereto, and 12-1698, and amendments thereto.
14             (d) Nothing in this section shall prohibit the disclosure of the follow-
15       ing oil and gas production statistics received by the department of revenue
16       in accordance with K.S.A. 79-4216 et seq. and amendments thereto: Vol-
17       umes of production by well name, well number, operator's name and
18       identification number assigned by the state corporation commission, lease
19       name, leasehold property description, county of production or zone of
20       production, name of purchaser and purchaser's tax identification number
21       assigned by the department of revenue, name of transporter, field code
22       number or lease code, tax period, exempt production volumes by well
23       name or lease, or any combination of this information.
24             (d) (e) Any person receiving any information under the provisions of
25       subsection (b) or, (c) or (d) shall be subject to the confidentiality provi-
26       sions of subsection (a) and to the penalty provisions of subsection (e) (f).
27             (e) (f) Any violation of this section shall be a class B nonperson mis-
28       demeanor, and if the offender is an officer or employee of this state, such
29       officer or employee shall be dismissed from office. 
30       Sec.  5. K.S.A. 1999 Supp. 12-189, 12-189c, 12-1694, 12-1698 and 75-
31       5133 are hereby repealed.
32        Sec.  6. This act shall take effect and be in force from and after its
33       publication in the statute book.