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Difference between revisions of "Article 11, Kansas Constitution"

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(6) All other tangible personal property not otherwise specifically classified.......... 30%
 
(6) All other tangible personal property not otherwise specifically classified.......... 30%
  
(b) All property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes, farm machinery and equipment, merchants' and manufacturers' inventories, other than public utility inventories included in subclass (3) of class 2, livestock, and all household goods and personal effects not used for the production of income, shall be exempted from property taxation.  
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(b) All property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes, farm machinery and equipment, merchants' and manufacturers' inventories, other than public utility inventories included in subclass (3) of class 2, livestock, and all household goods and personal effects not used for the production of income, shall be exempted from property taxation.<ref name="ks">[http://www.kslib.info/constitution/index.html ''Kansas State Library'', "Kansas Constitution", accessed March 28, 2014]</ref>
 
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'''Taxation of Incomes'''
 
'''Taxation of Incomes'''
  
The state shall have power to levy and collect taxes on incomes from whatever source derived, which taxes may be graduated and progressive.
+
The state shall have power to levy and collect taxes on incomes from whatever source derived, which taxes may be graduated and progressive.<ref name="ks"/>
 
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'''Revenue for Current Expenses'''
 
'''Revenue for Current Expenses'''
  
The legislature shall provide, at each regular session, for raising sufficient revenue to defray the current expenses of the state for two years.
+
The legislature shall provide, at each regular session, for raising sufficient revenue to defray the current expenses of the state for two years.<ref name="ks"/>
 
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'''Object of Tax'''
 
'''Object of Tax'''
  
No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same; to which object only such tax shall be applied.
+
No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same; to which object only such tax shall be applied.<ref name="ks"/>
 
|}
 
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'''State Debts; Annual Tax; Proceeds'''
 
'''State Debts; Annual Tax; Proceeds'''
  
For the purpose of defraying extraordinary expenses and making public improvements, the state may contract public debts; but such debts shall never, in the aggregate, exceed one million dollars, except as hereinafter provided. Every such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all the members elected to each house, to be taken by the yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal thereof, when it shall become due; and shall specifically appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished, until the interest and principal of such debt shall have been wholly paid.
+
For the purpose of defraying extraordinary expenses and making public improvements, the state may contract public debts; but such debts shall never, in the aggregate, exceed one million dollars, except as hereinafter provided. Every such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all the members elected to each house, to be taken by the yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal thereof, when it shall become due; and shall specifically appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished, until the interest and principal of such debt shall have been wholly paid.<ref name="ks"/>
 
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'''Election on Indebtedness'''
 
'''Election on Indebtedness'''
  
No debt shall be contracted by the state except as herein provided, unless the proposed law for creating such debt shall first be submitted to a direct vote of the electors of the state at some general election; and if such proposed law shall be ratified by a majority of all the votes cast at such general election, then it shall be the duty of the legislature next after such election to enact such law and create such debt, subject to all the provisions and restrictions provided in the preceding section of this article.
+
No debt shall be contracted by the state except as herein provided, unless the proposed law for creating such debt shall first be submitted to a direct vote of the electors of the state at some general election; and if such proposed law shall be ratified by a majority of all the votes cast at such general election, then it shall be the duty of the legislature next after such election to enact such law and create such debt, subject to all the provisions and restrictions provided in the preceding section of this article.<ref name="ks"/>
 
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'''Borrowing Money by State'''
 
'''Borrowing Money by State'''
  
The state may borrow money to repel invasion, suppress insurrection, or defend the state in time of war; but the money thus raised, shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.
+
The state may borrow money to repel invasion, suppress insurrection, or defend the state in time of war; but the money thus raised, shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.<ref name="ks"/>
 
|}
 
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'''Internal Improvements; State Highway System; Flood Control; Conservation or Development of Water Resources'''
 
'''Internal Improvements; State Highway System; Flood Control; Conservation or Development of Water Resources'''
  
The state shall never be a party in carrying on any work of internal improvement except that: (1) It may adopt, construct, reconstruct and maintain a state system of highways, but no general property tax shall ever be laid nor general obligation bonds issued by the state for such highways; (2) it may be a party to flood control works and works for the conservation or development of water resources; (3) it may, for the purpose of stimulating economic development and private sector job creation in all areas of the state, participate in the development of a capital formation system and have a limited role in such system through investment of state funds authorized in accordance with law; (4) it may be a party to any work of internal improvement, whenever any work of internal improvement not authorized by (1), (2) or (3) is once authorized by a separate bill passed by the affirmative vote of not less than two-thirds of all members then elected (or appointed) and qualified to each house, but no general property tax shall ever be laid nor general obligation bonds be issued by the state therefore; and (5) it may expend funds received from the federal government for any public purpose in accordance with the federal law authorizing the same.
+
The state shall never be a party in carrying on any work of internal improvement except that: (1) It may adopt, construct, reconstruct and maintain a state system of highways, but no general property tax shall ever be laid nor general obligation bonds issued by the state for such highways; (2) it may be a party to flood control works and works for the conservation or development of water resources; (3) it may, for the purpose of stimulating economic development and private sector job creation in all areas of the state, participate in the development of a capital formation system and have a limited role in such system through investment of state funds authorized in accordance with law; (4) it may be a party to any work of internal improvement, whenever any work of internal improvement not authorized by (1), (2) or (3) is once authorized by a separate bill passed by the affirmative vote of not less than two-thirds of all members then elected (or appointed) and qualified to each house, but no general property tax shall ever be laid nor general obligation bonds be issued by the state therefore; and (5) it may expend funds received from the federal government for any public purpose in accordance with the federal law authorizing the same.<ref name="ks"/>
 
|}
 
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'''Special Taxes for Highway Purposes'''
 
'''Special Taxes for Highway Purposes'''
  
The state shall have power to levy special taxes, for road and highway purposes, on motor vehicles and on motor fuels.
+
The state shall have power to levy special taxes, for road and highway purposes, on motor vehicles and on motor fuels.<ref name="ks"/>
 
|}
 
|}
  
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'''Taxation of Incomes; Adoption of Federal Laws by Reference'''
 
'''Taxation of Incomes; Adoption of Federal Laws by Reference'''
  
In enacting any law under section 2 of this article 11, the legislature may at any regular, budget or special session define income by reference to or otherwise adopt by reference all or any part of the laws of the United States as they then exist, and, prospectively, as they may thereafter be amended or enacted, with such exceptions, additions or modifications as the legislature may determine then or thereafter at any such legislative sessions.
+
In enacting any law under section 2 of this article 11, the legislature may at any regular, budget or special session define income by reference to or otherwise adopt by reference all or any part of the laws of the United States as they then exist, and, prospectively, as they may thereafter be amended or enacted, with such exceptions, additions or modifications as the legislature may determine then or thereafter at any such legislative sessions.<ref name="ks"/>
 
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'''Assessment and Taxation of Land Devoted to Agricultural Use'''
 
'''Assessment and Taxation of Land Devoted to Agricultural Use'''
  
Land devoted to agricultural use may be defined by law and valued for ad valorem tax purposes upon the basis of its agricultural income or agricultural productivity, actual or potential, and when so valued such land shall be assessed at the same percent of value and taxed at the same rate as real property subject to the provisions of section 1 of this article. The legislature may, if land devoted to agricultural use changes from such use, provide for the recoupment of a part or all of the difference between the amount of the ad valorem taxes levied upon such land during a part or all of the period in which it was valued in accordance with the provisions of this section and the amount of ad valorem taxes which would have been levied upon such land during such period had it not been in agricultural use and had it been valued, assessed and taxed in accordance with section 1 of this article.
+
Land devoted to agricultural use may be defined by law and valued for ad valorem tax purposes upon the basis of its agricultural income or agricultural productivity, actual or potential, and when so valued such land shall be assessed at the same percent of value and taxed at the same rate as real property subject to the provisions of section 1 of this article. The legislature may, if land devoted to agricultural use changes from such use, provide for the recoupment of a part or all of the difference between the amount of the ad valorem taxes levied upon such land during a part or all of the period in which it was valued in accordance with the provisions of this section and the amount of ad valorem taxes which would have been levied upon such land during such period had it not been in agricultural use and had it been valued, assessed and taxed in accordance with section 1 of this article.<ref name="ks"/>
 
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(c) The legislature may limit or prohibit the application of this section by enactment uniformly applicable to all cities or counties.
 
(c) The legislature may limit or prohibit the application of this section by enactment uniformly applicable to all cities or counties.
  
(d) The provisions of this section shall not be construed to affect exemptions of property from ad valorem taxation granted by this constitution or by enactment of the legislature, or to affect the authority of the legislature to enact additional exemptions of property from ad valorem taxation found to have a public purpose and promote the general welfare.
+
(d) The provisions of this section shall not be construed to affect exemptions of property from ad valorem taxation granted by this constitution or by enactment of the legislature, or to affect the authority of the legislature to enact additional exemptions of property from ad valorem taxation found to have a public purpose and promote the general welfare.<ref name="ks"/>
 
|}
 
|}
 +
 +
==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
 +
{{submit a link}}
 +
* [http://www.kslib.info/constitution/index.html ''Kansas State Library'', "Kansas Constitution"]
 +
* [http://www.kshs.org/research/collections/documents/online/wyandotteconstitution.htm ''Kansapedia: Kansas State Historical Society'', "Wyandotte Constitution"]
 +
* [http://www.kansasmemory.org/item/221061 ''Kansapedia: Kansas State Historical Society'', "Kansas Constitutions"]
 +
 +
==Additional reading==
 +
* [http://books.google.com/books?id=Le1MAgAAQBAJ&dq=The+Kansas+State+Constitution+Francis+H.+Heller&source=gbs_navlinks_s Heller, Francis H. (2011) ''The Kansas State Constitution'', New York, New York: Oxford University Press]
 +
* [http://books.google.com/books?id=AOhPy_uiSSoC&dq=annals+of+kansas&pg=PP1&ots=vjWFAJa0d4&sig=3IEyfSj0BdzhysI_u_KNODtDFk8&hl=en&prev=http://www.google.com/search?client=safari&rls=en-us&q=annals+of+kansas&ie=UTF-8&oe=UTF-8&sa=X&oi=print&ct=title&cad=one-book-with-thumbnail Wilder, D.W. (1875). ''The Annals of Kansas'']
 +
* [http://www.kancoll.org/books/cutler/index.html Cutler, William G. (1883) ''History of the State of Kansas'', Chicago, Illinois: A. T. Andreas]
 +
 +
==References==
 +
{{reflist}}
  
* [http://www.kslib.info/constitution/ Links by Article to the Kansas Constitution]
 
==Navigation==
 
 
{{Kansas Constitution}}
 
{{Kansas Constitution}}
 +
{{State constitutions}}
 +
{{kansas}}

Latest revision as of 18:12, 16 April 2014

Kansas Constitution
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Article 11 of the Kansas Constitution is labeled Finance and Taxation. It has 13 sections.

Section 1

Text of Section 1:

System of Taxation; Classification; Exemption

(a) The provisions of this subsection shall govern the assessment and taxation of property on and after January 1, 2013, and each year thereafter. Except as otherwise hereinafter specifically provided, the legislature shall provide for a uniform and equal basis of valuation and rate of taxation of all property subject to taxation. The legislature may provide for the classification and the taxation uniformly as to class of recreational vehicles and watercraft, as defined by the legislature, or may exempt such class from property taxation and impose taxes upon another basis in lieu thereof. The provisions of this subsection shall not be applicable to the taxation of motor vehicles, except as otherwise hereinafter specifically provided, mineral products, money, mortgages, notes and other evidence of debt and grain. Property shall be classified into the following classes for the purpose of assessment and assessed at the percentage of value prescribed therefor:

Class 1 shall consist of real property. Real property shall be further classified into seven subclasses. Such property shall be defined by law for the purpose of subclassification and assessed uniformly as to subclass at the following percentages of value:

(1) Real property used for residential purposes including multi-family residential real property and real property necessary to accommodate a residential community of mobile or manufactured homes including the real property upon which such homes are located.......... 11½%

(2) Land devoted to agricultural use which shall be valued upon the basis of its agricultural income or agricultural productivity pursuant to section 12 of article 11 of the constitution.......... 30%

(3) Vacant lots.......... 12%

(4) Real property which is owned and operated by a not-for-profit organization not subject to federal income taxation pursuant to section 501 of the federal internal revenue code, and which is included in this subclass by law.......... 12%

(5) Public utility real property, except railroad real property which shall be assessed at the average rate that all other commercial and industrial property is assessed.......... 33%

(6) Real property used for commercial and industrial purposes and buildings and other improvements located upon land devoted to agricultural use.......... 25%

(7) All other urban and rural real property not otherwise specifically subclassified.......... 30%

Class 2 shall consist of tangible personal property. Such tangible personal property shall be further classified into six subclasses, shall be defined by law for the purpose of subclassification and assessed uniformly as to subclass at the following percentages of value:

(1) Mobile homes used for residential purposes.......... 11½%

(2) Mineral leasehold interests except oil leasehold interests the average daily production from which is five barrels or less, and natural gas leasehold interests the average daily production from which is 100 mcf or less, which shall be assessed at 25%.......... 30%

(3) Public utility tangible personal property including inventories thereof, except railroad personal property including inventories thereof, which shall be assessed at the average rate all other commercial and industrial property is assessed.......... 33%

(4) All categories of motor vehicles not defined and specifically valued and taxed pursuant to law enacted prior to January 1, 1985.......... 30%

(5) Commercial and industrial machinery and equipment which, if its economic life is seven years or more, shall be valued at its retail cost when new less seven-year straight-line depreciation, or which, if its economic life is less than seven years, shall be valued at its retail cost when new less straight-line depreciation over its economic life, except that, the value so obtained for such property, notwithstanding its economic life and as long as such property is being used, shall not be less than 20% of the retail cost when new of such property.......... 25%

(6) All other tangible personal property not otherwise specifically classified.......... 30%

(b) All property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes, farm machinery and equipment, merchants' and manufacturers' inventories, other than public utility inventories included in subclass (3) of class 2, livestock, and all household goods and personal effects not used for the production of income, shall be exempted from property taxation.[1]

Section 2

Text of Section 2:

Taxation of Incomes

The state shall have power to levy and collect taxes on incomes from whatever source derived, which taxes may be graduated and progressive.[1]

Section 4

Text of Section 4:

Revenue for Current Expenses

The legislature shall provide, at each regular session, for raising sufficient revenue to defray the current expenses of the state for two years.[1]

Section 5

Text of Section 5:

Object of Tax

No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same; to which object only such tax shall be applied.[1]

Section 6

Text of Section 6:

State Debts; Annual Tax; Proceeds

For the purpose of defraying extraordinary expenses and making public improvements, the state may contract public debts; but such debts shall never, in the aggregate, exceed one million dollars, except as hereinafter provided. Every such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all the members elected to each house, to be taken by the yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal thereof, when it shall become due; and shall specifically appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished, until the interest and principal of such debt shall have been wholly paid.[1]

Section 7

Text of Section 7:

Election on Indebtedness

No debt shall be contracted by the state except as herein provided, unless the proposed law for creating such debt shall first be submitted to a direct vote of the electors of the state at some general election; and if such proposed law shall be ratified by a majority of all the votes cast at such general election, then it shall be the duty of the legislature next after such election to enact such law and create such debt, subject to all the provisions and restrictions provided in the preceding section of this article.[1]

Section 8

Text of Section 8:

Borrowing Money by State

The state may borrow money to repel invasion, suppress insurrection, or defend the state in time of war; but the money thus raised, shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.[1]

Section 9

Text of Section 9:

Internal Improvements; State Highway System; Flood Control; Conservation or Development of Water Resources

The state shall never be a party in carrying on any work of internal improvement except that: (1) It may adopt, construct, reconstruct and maintain a state system of highways, but no general property tax shall ever be laid nor general obligation bonds issued by the state for such highways; (2) it may be a party to flood control works and works for the conservation or development of water resources; (3) it may, for the purpose of stimulating economic development and private sector job creation in all areas of the state, participate in the development of a capital formation system and have a limited role in such system through investment of state funds authorized in accordance with law; (4) it may be a party to any work of internal improvement, whenever any work of internal improvement not authorized by (1), (2) or (3) is once authorized by a separate bill passed by the affirmative vote of not less than two-thirds of all members then elected (or appointed) and qualified to each house, but no general property tax shall ever be laid nor general obligation bonds be issued by the state therefore; and (5) it may expend funds received from the federal government for any public purpose in accordance with the federal law authorizing the same.[1]

Section 10

Text of Section 10:

Special Taxes for Highway Purposes

The state shall have power to levy special taxes, for road and highway purposes, on motor vehicles and on motor fuels.[1]

Section 11

Text of Section 11:

Taxation of Incomes; Adoption of Federal Laws by Reference

In enacting any law under section 2 of this article 11, the legislature may at any regular, budget or special session define income by reference to or otherwise adopt by reference all or any part of the laws of the United States as they then exist, and, prospectively, as they may thereafter be amended or enacted, with such exceptions, additions or modifications as the legislature may determine then or thereafter at any such legislative sessions.[1]

Section 12

Text of Section 12:

Assessment and Taxation of Land Devoted to Agricultural Use

Land devoted to agricultural use may be defined by law and valued for ad valorem tax purposes upon the basis of its agricultural income or agricultural productivity, actual or potential, and when so valued such land shall be assessed at the same percent of value and taxed at the same rate as real property subject to the provisions of section 1 of this article. The legislature may, if land devoted to agricultural use changes from such use, provide for the recoupment of a part or all of the difference between the amount of the ad valorem taxes levied upon such land during a part or all of the period in which it was valued in accordance with the provisions of this section and the amount of ad valorem taxes which would have been levied upon such land during such period had it not been in agricultural use and had it been valued, assessed and taxed in accordance with section 1 of this article.[1]

Section 13

Text of Section 13:

Exemption of Property for Economic Development Purposes; Procedure; Limitations

(a) The board of county commissioners of any county or the governing body of any city may, by resolution or ordinance, as the case requires, exempt from all ad valorem taxation all or any portion of the appraised valuation of: (1) All buildings, together with the land upon which such buildings are located, and all tangible personal property associated therewith used exclusively by a business for the purpose of: (A) Manufacturing articles of commerce; (B) conducting research and development; or (C) storing goods or commodities which are sold or traded in interstate commerce, which commences operations after the date on which this amendment is approved by the electors of this state; or (2) all buildings, or added improvements to buildings constructed after the date on which this amendment is approved by the electors of this state, together with the land upon which such buildings or added improvements are located, and all tangible personal property purchased after such date and associated therewith, used exclusively for the purpose of: (A) Manufacturing articles of commerce; (B) conducting research and development; or (C) storing goods or commodities which are sold or traded in interstate commerce, which is necessary to facilitate the expansion of any such existing business if, as a result of such expansion, new employment is created.

(b) Any ad valorem tax exemption granted pursuant to subsection (a) shall be in effect for not more than 10 calendar years after the calendar year in which the business commences its operations or the calendar year in which expansion of an existing business is completed, as the case requires.

(c) The legislature may limit or prohibit the application of this section by enactment uniformly applicable to all cities or counties.

(d) The provisions of this section shall not be construed to affect exemptions of property from ad valorem taxation granted by this constitution or by enactment of the legislature, or to affect the authority of the legislature to enact additional exemptions of property from ad valorem taxation found to have a public purpose and promote the general welfare.[1]

See also

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External links

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Suggest a link

Additional reading

References