As Amended by House Committee

         
As Amended by Senate Committee
         
Session of 2000
         
SENATE BILL No. 411
         
By Committee on Assessment and Taxation
         
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12             AN  ACT relating to property taxation; concerning appeals procedures
13             for certain valuation controversies; amending K.S.A. 1999 Supp. 74-
14             2433 and 74-2433f and repealing the existing sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 74-2433 is hereby amended to read as
18       follows: 74-2433. (a) There is hereby created a state board of tax appeals,
19       referred to in this act as the board. The board shall be composed of five
20       members who shall be appointed by the governor, subject to confirmation
21       by the senate as provided in K.S.A. 75-4315b, and amendments thereto.
22       After January 15, 1999, three of such members shall: (1) Have been reg-
23       ularly admitted to practice law in the state of Kansas; and (2) for a period
24       of at least five years, have engaged in the active practice of law as a lawyer,
25       judge of a court of record or any other court in this state, or as a certified
26       public accountant who has maintained registration as an active attorney
27       with the Kansas supreme court, or any combination thereof. Except as
28       provided by K.S.A. 1999 Supp. 46-2601, no person appointed to the board
29       shall exercise any power, duty or function as a member of the board until
30       confirmed by the senate. Not more than three members of the board
31       shall be of the same political party. Members of the board shall be resi-
32       dents of the state. Subject to the provisions of K.S.A. 75-4315c, and
33       amendments thereto, one shall be appointed from each of the congres-
34       sional districts of Kansas and the remainder from the state at large. The
35       members of the board shall be selected with special reference to training
36       and experience for duties imposed by this act and shall be individuals with
37       legal, accounting or appraisal training and experience. Members shall be
38       subject to the supreme court rules of judicial conduct applicable to all
39       judges of the district court. The board shall be bound by the doctrine of
40       stare decisis limited to published decisions of an appellate court other
41       than a district court. Members shall hold office for terms of four years
42       and until their successors are appointed and confirmed. Such terms of
43       office shall expire on January 15 of the last year of such term. If a vacancy


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  1       occurs on the board, the governor shall appoint a successor to fill the
  2       vacancy for the unexpired term. The governor shall select one of its mem-
  3       bers to serve as chairperson. The votes of three members shall be re-
  4       quired for any action to be taken by the board. Meetings may be called
  5       by the chairperson and shall be called on request of a majority of the
  6       members of the board and when otherwise prescribed by statute.
  7             (b) Any member of the state board of tax appeals may be removed
  8       by the governor for cause, after public hearing conducted in accordance
  9       with the provisions of the Kansas administrative procedure act.
10             (c) The state board of tax appeals shall appoint, subject to approval
11       by the governor, an executive director of the board, to serve at the plea-
12       sure of the board. The executive director shall: (1) Be in the unclassified
13       service under the Kansas civil service act; (2) devote full time to the
14       executive director's assigned duties; (3) receive such compensation as
15       determined by the board, subject to the limitations of appropriations
16       thereof; and (4) have familiarity with the tax appeals process sufficient to
17       fulfill the duties of the office of executive director. The executive director
18       shall perform such duties as directed by the board.
19             (d) Appeals decided by the state board of tax appeals which are
20       deemed of sufficient importance to be published shall be prepared and
21       delivered to the director of printing, who shall as speedily as possible
22       print and publish such number of copies as shall be specified published
23       by the board.
24             (e) After appointment, members of the state board of tax appeals shall
25       complete the following course requirements: (1) A tested appraisal course
26       of not less than 30 clock hours of instruction consisting of the fundamen-
27       tals of real property appraisal with an emphasis on the cost and sales
28       approaches to value; (2) a tested appraisal course of not less than 30 clock
29       hours of instruction consisting of the fundamentals of real property ap-
30       praisal with an emphasis on the income approach to value; (3) a tested
31       appraisal course of not less than 30 clock hours of instruction with an
32       emphasis on mass appraisal; (4) an appraisal course with an emphasis on
33       Kansas property tax laws and; (5) an appraisal course on the techniques
34       and procedures for the valuation of state assessed properties with an em-
35       phasis on unit valuation; and (6) a tested appraisal course on the tech-
36       niques and procedures for the valuation of land devoted to agricultural
37       use pursuant to K.S.A. 79-1476, and amendments thereto. The executive
38       director shall adopt rules and regulations prescribing a timetable for the
39       completion of the course requirements and prescribing continued edu-
40       cation requirements for members of the board.
41             (f) The state board of tax appeals shall have no capacity or power to
42       sue or be sued.
43             Sec.  2. K.S.A. 1999 Supp. 74-2433f is hereby amended to read as


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  1       follows: 74-2433f. On and after January 1, 1999, (a) There shall be a
  2       division of the state board of tax appeals known as the small claims divi-
  3       sion. Hearing officers appointed by the executive director shall have au-
  4       thority to hear and decide cases heard in the small claims division.
  5             (b) The small claims division shall have jurisdiction over hearing and
  6       deciding applications for the refund of protested taxes under the provi-
  7       sions of K.S.A. 79-2005, and amendments thereto, and hearing and de-
  8       ciding appeals from decisions rendered pursuant to the provisions of
  9       K.S.A. 79-1448, and amendments thereto, and of article 16 of chapter 79
10       of the Kansas Statutes Annotated, and acts amendatory thereof or sup-
11       plemental thereto, with regard to single-family residential property. The
12       filing of an appeal with the small claims division shall be a prerequisite
13       for filing an appeal with the state board of tax appeals for appeals in-
14       volving single-family residential property.
15             (c) (b) At the election of the taxpayer, the small claims division shall
16       have jurisdiction over: (1) Any appeal of a decision, finding, order or
17       ruling of the director of taxation, except an appeal, finding, order or ruling
18       relating to an assessment issued pursuant to K.S.A. 79-5201 et seq., and
19       amendments thereto, in which the amount of tax in controversy does not
20       exceed $15,000; (2) hearing and deciding applications for the refund of
21       protested taxes under the provisions of K.S.A. 79-2005, and amendments
22       thereto, where the value of the property, other than property devoted to
23       agricultural use, is less than $2,000,000 as reflected on the valuation no-
24       tice or the property constitutes single family residential property or the
25       property constitutes single family residential property; or (3) hear-
26       ing and deciding appeals from decisions rendered pursuant to the pro-
27       visions of K.S.A. 79-1448, and amendments thereto, and of article 16 or
28       17 of chapter 79 of the Kansas Statutes Annotated, and acts amendatory
29       thereof or supplemental thereto, other than those relating to land devoted
30       to agricultural use, wherein the value of the property is less than
31       $2,000,000 as reflected on the valuation notice or the property constitutes
32       single family residental property or the property constitutes single
33       family residential property.
34             (c) (d) (c) In accordance with the provisions of K.S.A. 74-2438, and
35       amendments thereto, any party may elect to appeal any application or
36       decision referenced in subsection (b) to the state board of tax appeals.
37       Except as provided in subsection (b) regarding single-family residential
38       property, the The filing of an appeal with the small claims division shall
39       not be a prerequisite for filing an appeal with the state board of tax appeals
40       under this section. Final decisions of the small claims division may be
41       appealed to the state board of tax appeals. An appeal of a decision of the
42       small claims division to the state board of tax appeals shall be de novo.
43             (d) (e) (d) A taxpayer shall commence a proceeding in the small


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  1       claims division by filing a notice of appeal in the form prescribed by the
  2       rules of the state board of tax appeals which shall state the nature of the
  3       taxpayer's claim. Notice of appeal shall be provided to the appropriate
  4       unit of government named in the notice of appeal by the taxpayer. In any
  5       valuation appeal or tax protest commenced pursuant to articles 14 and 20
  6       of chapter 79 of the Kansas Statutes Annotated, and amendments thereto,
  7       the hearing shall be conducted in the county where the property is located
  8       or a county adjacent thereto. In any appeal from a final determination by
  9       the secretary of revenue, the hearing shall be conducted in the county in
10       which the taxpayer resides or a county adjacent thereto.
11             (e) (f) (e) The hearing in the small claims division shall be informal.
12       The hearing officer may hear any testimony and receive any evidence the
13       hearing officer deems necessary or desirable for a just determination of
14       the case. A hearing officer shall have the authority to administer oaths in
15       all matters before the hearing officer. All testimony shall be given under
16       oath. A party may appear personally or may be represented by an attorney,
17       a certified public accountant, a certified general appraiser, a tax repre-
18       sentative or agent, a member of the taxpayer's immediate family or an
19       authorized employee of the taxpayer. A county or unified government
20       may be represented by the county appraiser, designee of the county ap-
21       praiser or, county attorney or counselor or other representative so des-
22       ignated. No transcript of the proceedings shall be kept.
23             (f) (g) (f) The hearing in the small claims division shall be conducted
24       within 60 days after the appeal is filed in the small claims division unless
25       such time period is waived by the taxpayer. A decision shall be rendered
26       by the hearing officer within 30 days after the hearing is concluded. Doc-
27       uments provided by a taxpayer or county or district appraiser shall be
28       returned to the taxpayer or the county or district appraiser by the hearing
29       officer and shall not become a part of the board's permanent records.
30       Documents provided to the hearing officer shall be confidential and may
31       not be disclosed, except as otherwise specifically provided.
32             (g) (h) (g) With regard to any matter properly submitted to the di-
33       vision relating to the determination of valuation of property for taxation
34       purposes, it shall be the duty of the county appraiser to initiate the pro-
35       duction of evidence to demonstrate, by a preponderance of the evidence,
36       the validity and correctness of such determination. No presumption shall
37       exist in favor of the county appraiser with respect to the validity and
38       correctness of such determination. 
39       Sec.  3. K.S.A. 1999 Supp. 74-2433 and 74-2433f are hereby
40       repealed.
41        Sec.  4. This act shall take effect and be in force from and after its
42       publication in the statute book.