reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8825 State preemption, taxes and fees.

74-8825.
State preemption, taxes and fees.
(a) The power to regulate, license and tax the management, operation and conduct of and participation in horse racing and greyhound racing, and parimutuel wagering thereon and racetrack facilities therefor, is hereby vested exclusively in the state.
(b) Persons and entities licensed pursuant to this act, and their income, property and sales, shall be subject to taxation in accordance with the general tax laws of this state, any retailers' sales tax imposed pursuant to K.S.A. 12-187 et seq. or 79-3601 et seq., and amendments thereto, any general local property tax levies and any general local business or occupation tax. No political subdivision shall:
(1) Exempt such persons or entities, or their income, property, sales, business or occupation from any such tax, or abate any such tax which is applicable to such persons, entities, income, property, sales, business or occupation, unless such exemption or abatement is provided by statute; or
(2) levy any additional tax upon the privilege of managing, operating, conducting or participating in horse racing and greyhound racing, and parimutuel wagering thereon and racetrack facilities therefor.
(c) Persons and entities licensed pursuant to this act shall be subject to any general local business or occupation licensure requirements and fees but no political subdivision shall impose any additional licensure requirements or fees on the privilege of managing, operating, conducting or participating in horse or greyhound racing, or parimutuel wagering thereon or racetrack facilities therefor.
History:
L. 1987, ch. 112, § 25; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8827 Racing reimbursable expense fund.

74-8827.
Racing reimbursable expense fund.
(a) There is hereby created the racing reimbursable expense fund in the state treasury.
(b) All fees for processing fingerprints of licensees and reimbursements from licensees for the services of assistant animal health officers, stewards and racing judges at racetrack facilities which are collected by the commission shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the racing reimbursable expense fund. All moneys credited to such fund shall be expended only for the purposes and in the manner provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(c) The expenses incurred by the commission for the processing of fingerprints of licensees and for payment of the services of assistant animal health officers, stewards and racing judges at racetrack facilities shall be paid from the racing reimbursable expense fund.
History:
L. 1987, ch. 112, § 27; L. 2001, ch. 5, § 350; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8828 Racing applicant deposit fund.

74-8828.
Racing applicant deposit fund.
(a) There is hereby established in the state treasury the racing applicant deposit fund.
(b) Moneys credited to the racing applicant deposit fund shall be used only to make transfers as authorized by subsection (c) and to pay refunds of deposits, and interest accrued thereon, pursuant to K.S.A. 74-8813 and 74-8815, and amendments thereto. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports, or a person designated by the director of accounts and reports pursuant to K.S.A. 75-3732 and amendments thereto, issued pursuant to vouchers approved by the executive director, or a person designated by the executive director.
(c) Upon forfeiture of a deposit pursuant to K.S.A. 74-8813 or 74-8815, and amendments thereto, the executive director shall certify to the director of accounts and reports the amount of such deposit, and any interest accrued thereon. Upon receipt thereof, the director of accounts and reports shall transfer the amount certified to the state racing fund created by K.S.A. 74-8826, and amendments thereto.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the racing applicant deposit fund interest earnings based on:
(1) The average daily balance of moneys in the racing applicant deposit fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History:
L. 1987, ch. 112, § 33; L. 1989, ch. 48, § 94; L. 1992, ch. 272, § 11; L. 1996, ch. 253, § 27; May 23.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8829 Horse breeding development fund.

74-8829.
Horse breeding development fund.
(a) There is hereby created in the state treasury the Kansas horse breeding development fund to which moneys shall be credited as provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(b) Moneys credited to the Kansas horse breeding development fund, including any moneys in the fund on March 24, 1994, and any moneys credited to the fund on or after that date, shall be apportioned into categories corresponding with the various breeds of horses which are participating in live races with parimutuel wagering conducted by organization licensees in direct proportion to the number of horses in each category participating in such live races and shall be used in each category to provide:
(1) Purse supplements to owners of Kansas-bred horses;
(2) stakes and awards to be paid to the owners of the winning Kansas-bred horses in certain races as determined by the commission;
(3) a stallion award to each owner of a Kansas-registered stallion which is the sire of a Kansas-bred horse if such horse wins or wins, places or shows in any race conducted at a Kansas race meeting, but no such award shall be paid to the owner of a Kansas stallion that served outside Kansas at any time during the calendar year in which the winning Kansas-bred horse was conceived;
(4) a breeder's award to each owner of a Kansas-registered mare which is the dam of a Kansas-bred horse if such horse wins or wins, places or shows in any race conducted at a Kansas race meeting; and
(5) moneys for equine research through institutions of higher education under the state board of regents.
History:
L. 1987, ch. 112, § 28; L. 1991, ch. 247, § 7; L. 1994, ch. 228, § 3; L. 1994, ch. 332, § 3; May 19.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8830 Registration of horses; membership of registering agency.

74-8830.
Registration of horses; membership of registering agency.
(a) The commission shall, by rules and regulations:
(1) Qualify stallions for participation in Kansas-registered stallion awards;
(2) provide for the registration of Kansas-domiciled mares, Kansas-domiciled stallions and Kansas-bred horses;
(3) determine qualifications of Kansas-bred horses and establish classes of Kansas-bred horses for registration purposes and for the purpose of awarding purse supplements, stakes and awards pursuant to K.S.A. 74-8829, and amendments thereto; and
(4) establish a schedule of fees for the registration of Kansas-domiciled mares, Kansas-domiciled stallions and Kansas-bred horses sufficient to provide for all expenses incurred in the administration of the Kansas horse breeding development fund created pursuant to K.S.A. 74-8829, and amendments thereto.
(b) The commission may contract with and designate an official registering agency to implement the registration of horses. The board of directors of the official registering agency shall consist of five representatives of the quarter horse breed and five representatives of the thoroughbred breed. Representatives shall be selected by each breed organization from their respective memberships pursuant to rules and regulations adopted by the Kansas racing and gaming commission. In order to be eligible to serve on the board, a participant must be a legal resident of the state of Kansas and a member of the Kansas quarter horse racing association or the Kansas thoroughbred association. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission. The official registering agency shall receive no compensation from the Kansas racing and gaming commission except fees received for registration of horses necessary to pay its expenses for such registration.
(c) The commission may contract with and designate an agency to provide for the distribution of purse supplements, stakes and awards from the Kansas horse breeding development fund. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission.
History:
L. 1987, ch. 112, § 29; L. 1989, ch. 246, § 4; L. 2007, ch. 110, § 51; April 19.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8832 Registration of greyhounds.

74-8832.
Registration of greyhounds.
(a) The commission shall, by rules and regulations, establish a schedule of fees for the registration of Kansas-whelped greyhounds which, together with the amount provided pursuant to K.S.A. 74-8830, and amendments thereto, shall be sufficient to provide for all expenses incurred in the administration of the Kansas greyhound breeding development fund created pursuant to K.S.A. 74-8831, and amendments thereto.
(b) The commission may contract with and designate an official registering agency to implement the registration of greyhounds. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission. The official registering agency shall receive no compensation from the Kansas racing and gaming commission except the amount provided pursuant to K.S.A. 74-8831, and amendments thereto, and fees received for registration of greyhounds necessary to pay its expenses for such registration.
(c) The commission may contract with and designate an agency to provide for the distribution of purse supplements from the Kansas greyhound breeding development fund. Such agency shall operate under the supervision of the commission and be subject to rules and regulations of the commission.
History:
L. 1987, ch. 112, § 31; L. 1989, ch. 246, § 6; L. 2007, ch. 110, § 52; April 19.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8833 Resident racing program.

74-8833.
Resident racing program.
The commission shall provide by rules and regulations for the establishment of a Kansas resident racing program.
History:
L. 1987, ch. 112, § 32; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8834 Severability.

74-8834.
Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.
History:
L. 1987, ch. 112, § 34; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8835 Racing investigative expense fund.

74-8835.
Racing investigative expense fund.
(a) There is hereby created the racing investigative expense fund in the state treasury.
(b) All amounts, other than the application fee, which the commission collects from applicants for licensure pursuant to subsection (a) of K.S.A. 74-8813 or subsection (c) of K.S.A. 74-8815, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the racing investigative expense fund. All moneys credited to such fund shall be expended or transferred only for the purposes and in the manner provided by this act. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(c) All expenses of investigation of an applicant's qualifications for an organization license, facility owner license or facility manager license shall be paid from the racing investigative expense fund. Whenever another state agency assists the commission in such investigation and incurs costs in addition to those attributable to the operations of such agency, such additional costs shall be paid from the racing investigative expense fund. The furnishing of assistance in such investigation shall be a transaction between the commission and the respective agency and shall be settled in accordance with K.S.A. 75-5516, and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas parimutuel racing act.
History:
L. 1988, ch. 317, § 4; L. 2001, ch. 5, § 351; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8838 Horse fair racing benefit fund; authorized uses.

74-8838.
Horse fair racing benefit fund; authorized uses.
(a) The state treasurer shall credit 1/3 of the taxes on the takeout from parimutuel pools for simulcast races, as certified by the executive director, to the horse fair racing benefit fund, which is hereby created in the state treasury.
(b) Twenty-five percent of all moneys credited to the horse fair racing benefit fund may be expended, upon application to the commission, for capital improvements to racetrack facilities on or adjacent to premises used by a fair association to conduct fair racing activities.
(c) The remaining moneys in the horse fair racing benefit fund shall be expended only for:
(1) Reimbursement of the commission for the commission's administrative costs, as established by rules and regulations of the commission, related to race meetings conducted by a fair association or a horsemen's nonprofit organization, including the cost of stewards, racing judges and assistant animal health officers performing services at such race meetings;
(2) paying the costs of totalisator expenses incurred by an organization licensee that is a fair association or horsemen's nonprofit organization;
(3) paying the costs of background investigations required under the Kansas parimutuel racing act for members of a fair association or horsemen's nonprofit organization;
(4) purse supplements at race meetings conducted by a fair association or horsemen's nonprofit organization;
(5) basic operating assistance grants to an organization licensee that is a fair association or horsemen's nonprofit organization; and
(6) costs for employment of key racing officials, as determined by the commission, incurred by an organization licensee that is a fair association or horsemen's nonprofit organization.
(d) The commission shall adopt rules and regulations establishing procedures for distributing moneys in the horse fair racing benefit fund to fair associations and nonprofit horsemen's organizations for the purposes provided by this section.
(e) Expenditures from the horse fair racing benefit fund related to the conduct of a race meeting shall not be allocated to any organization licensee for a period exceeding 40 days.
(f) Expenditures from the horse fair racing benefit fund shall not be allocated to any organization licensee to support the conduct of parimutuel greyhound races unless the organization licensee conducts an equal or greater number of parimutuel horse races during the race meeting.
(g) Expenditures from the horse fair racing benefit fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
History: L. 1992, ch. 286, § 12; L. 1994, ch. 146, § 11; L. 2007, ch. 110, § 53; April 19.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8838a Same; transfer of moneys.

74-8838a.
Same; transfer of moneys.
On the effective date of this act, the director of accounts and reports shall transfer all moneys in the county fair horse racing benefit fund to the horse fair racing benefit fund. On the effective date of this act, all liabilities of the county fair horse racing benefit fund are hereby imposed on the horse fair racing benefit fund and the county fair horse racing benefit fund is hereby abolished.
History:
L. 1994, ch. 146, § 12; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8839 Advertisement or promotion of parimutuel wagering, minors.

74-8839.
Advertisement or promotion of parimutuel wagering, minors.
No licensee of the Kansas racing commission shall recruit for employment or as a volunteer any person under 18 years of age for the purpose of appearing, being heard or being quoted in any advertising or promotion of parimutuel wagering or racing with parimutuel wagering in any electronic or print media.
History:
L. 1992, ch. 299, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8841 Exemption from subdivision regulations; application of fire prevention code.

74-8841.
Exemption from subdivision regulations; application of fire prevention code.
(a) A racetrack facility shall not be subject to subdivision regulations of a city but shall be subject to the Kansas fire prevention code adopted by the state fire marshal.
(b) This section shall be part of and supplemental to the Kansas parimutuel racing act.
History:
L. 2007, ch. 110, § 43; April 19.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8842 Greyhound promotion and development fund.

74-8842.
Greyhound promotion and development fund.
(a) The Kansas racing and gaming commission shall establish a greyhound promotion and development fund which shall be funded through a voluntary greyhound purse checkoff program which shall provide for the deduction of 2% from all purses paid to kennels and greyhound owners who participate in the program. Greyhound owners and kennel operators shall be provided an opportunity annually to not participate in the program by signing a form approved by the Kansas racing and gaming commission. Moneys deposited into the fund shall be used for the development, promotion and representation of the greyhound industry in Kansas and shall be distributed to the organization contracted with by the Kansas racing and gaming commission to administer the official greyhound registry in Kansas.
(b) This section shall be part of and supplemental to the Kansas parimutuel racing act.
History:
L. 2007, ch. 110, § 54; April 19.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 88 - Parimutuel Racing › 74-8845 Same; severability.

74-8845. Same; severability.
The provisions of K.S.A. 2023 Supp. 74-8843 and 74-8844, and amendments thereto, are hereby declared to be severable. If any part or provision of K.S.A. 2023 Supp. 74-8843 and 74-8844, and amendments thereto, is held to be void, invalid or unconstitutional, such part or provision shall not affect or impair any of the remaining parts or provisions of this act, and any such remaining provisions shall continue in full force and effect.
History:
L. 2022, ch. 91, § 17; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8907 Same; manner of bond sale; execution of bonds; seal of authority; payment of bonds, obligation of authority, security.

74-8907.
Same; manner of bond sale; execution of bonds; seal of authority; payment of bonds, obligation of authority, security.
(a) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the authority shall determine to be reasonable and expedient for effectuating the purposes for which the authority was created. The bonds may be sold at such price as the authority may accept, including sale at discount or premium.
(b) The bonds shall be executed by manual or facsimile signatures of the chairperson of the board of directors and the president of the authority or of any other director or officer of the authority authorized to make such signature by resolution of the board of directors. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds or coupons, their signatures, nevertheless, shall be valid and sufficient for all purposes. The authority shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be impressed or imprinted with the seal of the authority.
(c) It shall be plainly stated on the face of each bond that it has been issued under this act, that the bonds shall be obligations only of the authority, and that, in no event, shall the bonds constitute an indebtedness of the state of Kansas or an indebtedness for which the faith and credit or taxing powers of the state of Kansas are pledged. The payment of the principal of, redemption premium, if any, or interest on the trustee's and paying agent's fees in connection with the bonds may be secured by a lien on and security interest in facilities financed by bonds issued hereunder, by lien or pledge of loans made or mortgages purchased by the authority and any collateral security received by the authority, including without limitation the authority's interest in and any revenue derived from any loan, lease or other financing agreements. It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with such bond issue or the holders of the bonds take possession of the loans, mortgages, leases or collateral security.
History:
L. 1987, ch. 57, § 7; L. 1998, ch. 199, § 3; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8908 Bonds and interest exempt from taxation.

74-8908.
Bonds and interest exempt from taxation.
Any bonds issued under the provisions of this act and the interest paid thereon, unless specifically declared to be taxable in the authorizing resolution, shall be exempt from all state, county and municipal taxes, and the exemption shall include income and property taxes.
History:
L. 1987, ch. 57, § 8; L. 2010, ch. 44, § 31; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8909 Pledges of authority valid and binding.

74-8909.
Pledges of authority valid and binding.
Any pledge of revenues, moneys, funds or other property made by the authority shall be valid and binding from the time when such pledge is made and the revenues, moneys, funds or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without such physical delivery thereof or further act on the part of the authority, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the authorizing resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.
History:
L. 1987, ch. 57, § 9; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8910 Exemption from liability of director, officers and employees of authority.

74-8910.
Exemption from liability of director, officers and employees of authority.
No director, employee or officer of the authority shall be liable personally for any reason arising from the service of such person as a director, employee or officer of the authority or any subsidiary corporations created pursuant to this act unless such person acted with willful, wanton or fraudulent misconduct or intentionally tortuous conduct. The authority and any subsidiary corporation created pursuant to K.S.A. 74-8904, and amendments thereto, shall be considered a governmental entity for purposes of the Kansas tort claims act, K.S.A. 75-6102, and amendments thereto.
History:
L. 1987, ch. 57, § 10; L. 1994, ch. 223, § 2; L. 1996, ch. 49, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8911 Special funds or accounts authorized.

74-8911.
Special funds or accounts authorized.
The authority may create and establish one or more special funds or accounts as appropriate to secure bonds issued hereunder, as determined by the authority.
History:
L. 1987, ch. 57, § 11; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8912 Refunding bonds authorized; disposition of proceeds; manner of sale and security.

74-8912.
Refunding bonds authorized; disposition of proceeds; manner of sale and security.
Bonds may be issued for the purpose of refunding, either at maturity or in advance of maturity, any bonds issued under this act. Such refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the authority and the authorizing resolution or trust indenture securing such refunding bonds. The authorizing resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded. Refunding bonds shall be sold and secured in accordance with the provisions of this act pertaining to the sale and security of the bonds.
History:
L. 1987, ch. 57, § 12; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8913 Reports of authority to governor and legislature, when; contents.

74-8913.
Reports of authority to governor and legislature, when; contents.
On or before the last day of November in each year, the authority shall make an annual report of its activities for the preceding fiscal year to the governor and to the legislature. Such report shall contain an audit of the preceding fiscal year, prepared by a firm of nationally recognized certified public accountants. On or before the last day of November of each year, the authority shall provide a written report to the governor and the legislature with respect to all bonds of the authority issued during the previous fiscal year, specifying the terms of sale and the costs, fees and expenses of each such bond issue.
History:
L. 1987, ch. 57, § 13; L. 1991, ch. 248, § 1; L. 1992, ch. 31, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8914 Services to authority by state agencies and officers.

74-8914.
Services to authority by state agencies and officers.
All officers, departments, boards, agencies, divisions and commissions of the state are hereby authorized and empowered to render any and all of such services to the authority as may be within the area of their respective governmental functions as fixed or established by law, and as may be required by the authority. The cost and expenses of any such services shall be paid by the authority.
History:
L. 1987, ch. 57, § 14; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8915 Financial interest in contracts and agreements of authority prohibited.

74-8915.
Financial interest in contracts and agreements of authority prohibited.
No officer, director or employee of the authority for purpose of personal gain shall have or attempt to have, directly or indirectly, any financial interest in any contract or agreement of the authority in connection with the sale or purchase of any bonds or investments of the authority.
History:
L. 1987, ch. 57, § 15; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8916 Construction of act.

74-8916.
Construction of act.
This act shall be liberally construed. Nothing contained herein is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any other law of this state, and the provisions of this act are cumulative to such powers. The provisions hereof do and shall be construed to provide a complete, additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to powers conferred by any other laws. The issuance of bonds under the provisions hereof need not comply with the requirements of any other state laws applicable to the issuance of bonds, notes and other obligations.
History:
L. 1987, ch. 57, § 16; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8917 Bonds for loans to community mental health, intellectual disability and drug and alcohol abuse services providers.

74-8917. Bonds for loans to community mental health, intellectual disability and drug and alcohol abuse services providers.
The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purpose of making loans to organizations which provide community mental health, intellectual disability and drug and alcohol abuse services to the Kansas department for aging and disability services, and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History:
L. 1989, ch. 50, § 1; L. 2012, ch. 91, § 58; L. 2014, ch. 115, § 311; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8918 Bonds for loans to public water supply systems.

74-8918.
Bonds for loans to public water supply systems.
The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purpose of making loans for the construction of public improvements to a public water supply system owned by a municipality, rural water district or other governmental agency, and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History:
L. 1989, ch. 226, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8919 Repayment of amounts advanced from state general fund; deferral provided.

74-8919.
Repayment of amounts advanced from state general fund; deferral provided.
In recognition of the services provided to state agencies without charge by the Kansas development finance authority, the repayment required to be made prior to July 1, 1991, as specified by section 17 of chapter 33 of the 1988 Session Laws of Kansas, is hereby reduced from $40,330 to $20,165. In addition to the payment of $40,331 required to be made by section 17 of chapter 33 of the 1988 Session Laws of Kansas prior to July 1, 1992, an additional payment of $20,165 shall be made by the Kansas development finance authority to the state general fund prior to July 1, 1993.
History:
L. 1991, ch. 248, § 2; May 16.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8920 Bonds for state agency or IMPACT act projects; condition precedent to issuance; involvement of pooled money investment board.

74-8920.
Bonds for state agency or IMPACT act projects; condition precedent to issuance; involvement of pooled money investment board.
(a) Before the Kansas development finance authority issues any bonds for any state agency project or a project or investment under the IMPACT act, the authority shall conduct a feasibility analysis and recommend to the secretary of administration any project which appears appropriate for consideration to offer to the pooled money investment board as an alternative investment. If the secretary of administration approves the recommendation, the secretary shall give notice of such approval to the chairperson of the pooled money investment board in writing. If the pooled money investment board and the secretary of administration reach agreement on the terms and conditions of the financing, the pooled money investment board may invest in any such project.
(b) Unless the pooled money investment board has declined the investment, the Kansas development finance authority shall not proceed to issue bonds for any project offered to the pooled money investment board until at least 15 days after the secretary of administration's notice to the pooled money investment board under subsection (a).
(c) The authority shall give notice to the pooled money investment board of the public sale of bonds for any state agency or IMPACT act projects. The pooled money investment board is authorized to purchase any such bonds.
History:
L. 1993, ch. 207, § 9; L. 1996, ch. 206, § 11; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8923 Same; use of bond proceeds and funds from other authorized sources.

74-8923.
Same; use of bond proceeds and funds from other authorized sources.
The authority may use the proceeds of bonds issued pursuant to subsection (e) of K.S.A. 74-8905, and amendments thereto, or upon approval by the board of county commissioners or other taxing subdivision in which the redevelopment district is located any uncommitted funds derived from those sources set forth in K.S.A. 74-8924, and amendments thereto, or other funds pledged for the payment of such bonds to implement the redevelopment plan to the extent authorized in the redevelopment plan implementation agreement adopted pursuant to K.S.A. 74-8921, and amendments thereto. Any excess revenue from sources set forth in K.S.A. 74-8927, and amendments thereto, other than any revenues pledged from private sources which the authority has agreed in the redevelopment implementation agreement to such sources not otherwise needed or committed for the repayment of bonds or other project costs authorized in the agreement shall upon approval by the authority be paid out by the state treasurer proportionately to the appropriate taxing authorities.
History:
L. 1998, ch. 199, § 6; L. 1999, ch. 158, § 6; L. 2003, ch. 136, § 11; May 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8924 Same; sources of revenue to finance the bonds.

74-8924.
Same; sources of revenue to finance the bonds.
(a) Any bonds issued by the authority under subsection (e) of K.S.A. 74-8905, and amendments thereto, or by Johnson county or Labette county under this act to finance the undertaking of any redevelopment project in accordance with the provisions of this act, shall be made payable, both as to principal and interest:
(1) From property tax increments, other than an increment derived from ad valorem taxes levied by or on behalf of a school district, allocated to, and paid into a special fund of the authority under the provisions of K.S.A. 74-8925, and amendments thereto;
(2) from revenues of the authority or the developer derived from or held in connection with the undertaking and carrying out of any redevelopment plan under this act;
(3) from any private sources, contributions or other financial assistance from the state or federal government;
(4) when otherwise authorized by law, from the revenue collected by the state under K.S.A. 74-8927, and amendments thereto;
(5) from a portion or all increased revenue received by any city or county from franchise fees collected from utilities and other businesses using public right-of-way within the redevelopment district;
(6) when otherwise authorized by law, from a portion or all of the revenue received from sales taxes collected within the redevelopment district pursuant to K.S.A. 12-187, and amendments thereto; or
(7) by any combination of these methods.
(b) The authority may pledge such revenue to the repayment of such bonds prior to, simultaneously with, or subsequent to the issuance of such bonds.
History:
L. 1998, ch. 199, § 7; L. 1999, ch. 158, § 7; L. 2003, ch. 136, § 12; May 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8926 Same; transmittal of redevelopment plan to county officers; increased valuation not applicable for computation of debt limitations; certification of valuation.

74-8926.
Same; transmittal of redevelopment plan to county officers; increased valuation not applicable for computation of debt limitations; certification of valuation.
(a) No later than 30 days prior to a meeting of the board of directors of the authority at which a redevelopment plan that contains the provisions authorized by K.S.A. 74-8922, and amendments thereto, is to be considered by the authority, the secretary of the authority shall transmit a copy of the proposed redevelopment plan to be considered by the authority to the clerk, assessor and treasurer of the county in which the redevelopment district is located and to the governing bodies of the county and school district which levy taxes upon any property in the redevelopment district. A representative of each office or jurisdiction receiving a copy of the proposed redevelopment plan under this subsection shall have the right to be present and heard at the meeting of the board of directors of the authority at which the redevelopment plan is first considered by the authority.
(b) For any year in which taxes are to be paid to the redevelopment bond finance fund established under subsection (c)(2) of K.S.A. 74-8925, and amendments thereto, any increase in assessed valuation of taxable tangible real property within the redevelopment district in excess of an amount equal to the total assessed value of such real property on the date of the establishment of the redevelopment district shall not be considered by any taxing subdivision in computing any debt limitation or for any other purpose except for the levy of taxes and in determining the amount to be paid to such fund.
(c) The appraiser of any county in which a redevelopment district is authorized by the authority shall certify the amount of such increase in assessed valuation of real and personal property within the redevelopment district to the county clerk on or before July 1 of each year.
History:
L. 1998, ch. 199, § 9; May 28.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8927 Same; remittal of pledged revenues; credit to redevelopment bond fund; distribution.

74-8927.
Same; remittal of pledged revenues; credit to redevelopment bond fund; distribution.
(a) Whenever a pledge of the revenue derived from the state and countywide retailers' sales tax is otherwise authorized by law to be pledged for the repayment of bonds issued to finance or refinance the redevelopment, then, until the earlier of: (1) The date the bonds issued to finance or refinance the redevelopment undertaken in the redevelopment district have been paid in full; or (2) the final scheduled maturity date of the first series of bonds issued to finance the redevelopment project, all revenues collected or received from the state transient guest tax established pursuant to K.S.A. 79-5301 through 79-5304, and amendments thereto, any revenue from a county or countywide retailers' sales tax levied or collected under K.S.A. 74-8929, and amendments thereto, the state retailers' sales tax pursuant to K.S.A. 79-3603, and amendments thereto, and the state compensating use tax, pursuant to K.S.A. 79-3703, and amendments thereto, which have been certified by the director of taxation to have been derived from taxpayers located in a redevelopment district shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury.
(b) The state treasurer shall credit all such revenues authorized to be pledged for the repayment of the bonds to the redevelopment bond fund which is hereby established and shall be held by the state treasurer as custodian for the authority. Distributions from the redevelopment bond fund shall not require an appropriation by the legislature. The state treasurer shall make such distributions on dates mutually agreed upon by the treasurer and the authority. The authority shall use all such moneys received pursuant to this section to pay the costs of redevelopment projects to the extent authorized pursuant to a redevelopment plan implementation agreement approved pursuant to K.S.A. 74-8921, and amendments thereto. Any revenues not needed or committed for the payment of bonds or other project costs as authorized by the redevelopment plan implementation agreement shall upon approval by the authority be remitted by the state treasurer proportionately to the appropriate taxing authorities.
History:
L. 1998, ch. 199, § 16; L. 1999, ch. 158, § 9; L. 2001, ch. 5, § 353; L. 2003, ch. 136, § 14; May 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8928 Same; agreements to implement redevelopment projects.

74-8928.
Same; agreements to implement redevelopment projects.
The secretary of commerce, the state treasurer, the board of county commissioners, the director of taxation, any bond trustee or fiscal agent are authorized to enter into agreements in connection with the implementation of any redevelopment project with a redevelopment district established pursuant to K.S.A. 74-8921, and amendments thereto.
History:
L. 1998, ch. 199, § 17; L. 2003, ch. 154, § 80; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8930 Same; reimbursement of Wyandotte county; secretary of commerce certification of expenses.

74-8930.
Same; reimbursement of Wyandotte county; secretary of commerce certification of expenses.
Within 120 days of the effective date of this act, developer of a project of state-wide as well as local importance shall reimburse the unified government of Wyandotte county for cash investment in the project as documented to and determined by the secretary of commerce.
History:
L. 1998, ch. 199, § 23; L. 1999, ch. 158, § 10; L. 2001, ch. 132, § 1; L. 2003, ch. 154, § 81; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8937 Same; pledgeable revenues; limitations.

74-8937.
Same; pledgeable revenues; limitations.
(a) Any bonds issued by the authority under subsection (f) of K.S.A. 74-8905, and amendments thereto, to finance the undertaking of the project in accordance with the provisions of this act, shall be made payable, both as to principal and interest:
(1) from revenues of the college or the foundation derived from or held in connection with the undertaking and carrying out of any redevelopment plan under this act;
(2) from any private sources, contributions or other financial assistance from the state or federal government;
(3) from sales tax increments from any sales taxes collected within the boundaries of the project area as described by the resolution of the board of trustees; or
(4) by any combination of these methods.
(b) Such revenue may be pledged to the repayment of such bonds prior to, simultaneously with or subsequent to the issuance of such bonds.
(c) No funds derived from student tuition shall be used to pay the principal or interest on bonds issued by the authority under subsection (f) of K.S.A. 74-8905, and amendments thereto.
History:
L. 2000, ch. 176, § 3; May 25.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8938 Same; collection and remittance of state and local sales tax proceeds.

74-8938.
Same; collection and remittance of state and local sales tax proceeds.
(a) Until the date the bonds issued to finance the project undertaken in the project area have been paid in full, any revenue realized from sales tax from a countywide retailers' sales tax imposed and collected under K.S.A. 12-187 and amendments thereto, the state retailers' sales tax pursuant to K.S.A. 79-3603, and amendments thereto which have been certified by the director of taxation to have been derived from taxpayers located in the project area shall be remitted to the state treasurer.
(b) The state treasurer shall transfer all such revenues to the fund established by the authority. The state treasurer shall make such distributions on dates mutually agreed upon by the treasurer and the authority. The authority shall use all such moneys received pursuant to this section to pay the costs of the project. Any revenues not needed or committed for the payment of bonds as determined by the authority may be remitted by the state treasurer proportionately to the appropriate taxing subdivisions.
History:
L. 2000, ch. 176, § 4; May 25.