12-1678a.   Investment of undistributed taxes bycounty commissioners; distribution of taxes; distribution of interest,when.(a) For the purposes of this section, taxes shall include ad valorem propertytaxes, local gross earnings taxes, special assessments and all other taxesand fees collected with or at the same time as ad valorem property taxes.

      (b)   The board of county commissioners of any county may invest theundistributed taxes of any taxing subdivision in the possession of the countytreasurer pursuant to the provisions of this section. The moneys shall beinvested pursuant to K.S.A. 12-1675 and 12-1676, and amendments thereto.

      (c)   The county treasurer shall distribute the taxes collected for eachtaxing subdivision within or partially within the county as follows:

      (1)   On or before January 20, June 5 and October 31, theestimated amount collected for and owed to the taxing subdivision, but not lessthan the amount actually collected as of not more than 20 days prior to thedistribution date, and on or before the last business day before March 20 andSeptember 20, not less than 95% of the estimated amountcollected for and owed to each taxing subdivision but not less than the amountactually collected as of not more than 20 days prior to the distribution date.Except as provided in subsection (d), no payments of any interest earned on theinvestment of the tax collections shall be paid to the taxing subdivisions.

      (2)   In addition to the distributions required by the foregoing provisions ofthis section, the county treasurer shall make a distribution on February 5,1990, of the estimated amount collected for and owed to each taxingsubdivision, but not less than the amount actually collected as of January 17,1990.

      (3)   To those taxing subdivisions which request special payment in advance ofthe dates provided by subsection (c)(1), in order to meet the expenditure needsof the taxing subdivisions as certified by the chief financial officer orgoverning body thereof, as follows: The amount requested, but not exceeding theamount actually collected for and owed to the taxing subdivision. Whenrequesting an advance payment, the chief financial officer or the governingbody of the taxing subdivision shall certify that the taxing subdivision hasneither sufficient cash on hand nor any investment which can be converted tocash to meet the expenditure needs of the taxing subdivision. Except asprovided by this subsection, the county treasurer shall distribute the paymentrequested. No payment shall be made under this subsection between December 1 ofany year and January 1 of the next succeeding year, or between May 1 and June1 of any year.

      (d)   The board of county commissioners and the governing body of any taxingsubdivision within or partially within the county may enter into agreementsproviding for the distribution of taxes and any interest earnings thereon in amanner alternative to the methods provided by this section, and any suchagreements now in existence shall not be deemed to be invalidated by thisenactment.

      (e)   All moneys received by the county as interest upon the investment ofundistributed taxes, and not paid to taxing subdivisions as provided orauthorized shall be retained by the county treasurer and shall be paid intothe general fund of the county.

      History:   L. 1973, ch. 64, § 2;L. 1975, ch. 69, § 1;L. 1976, ch. 79, § 4;L. 1981, ch. 380, § 1;L. 1981, ch. 71, § 1;L. 1982, ch. 73, § 1;L. 1983, ch. 319, § 1;L. 1989, ch. 2, § 4 (Special Session);L. 1997, ch. 126, § 29;L. 2003, ch. 146, § 1; Jan. 1, 2004.