Kansas 2025-2026 Regular Session

Kansas Senate Bill SB39

Introduced
1/17/25  
Refer
1/21/25  
Refer
3/12/25  
Report Pass
3/18/25  
Engrossed
3/24/25  
Refer
3/24/25  
Refer
1/15/26  

Caption

Establishing the Kansas legal tender act and providing for an income tax subtraction modification for sales of specie.

Summary

SB 39 would create the Kansas legal tender act, which reaffirms gold and silver coin as legal tender in Kansas and defines “specie” to include gold- or silver-content coins and certain bullion meeting specified characteristics. The bill also sets out rules for when specie may be treated as legal tender, limits when one person can be compelled to accept specie, directs the attorney general to enforce the act, and requires Kansas courts to order specific performance for contracts that designate specie as tender. The bill also amends Kansas income tax law to create a subtraction modification for net gain from the sale of specie beginning in tax year 2025. In addition, it makes conforming changes to K.S.A. 79-32,117, which governs Kansas adjusted gross income, by adding specie-related gains to the list of subtractions from federal adjusted gross income. The bill expressly excludes taxable distributions from retirement accounts holding specie from the tax benefit, and it preserves existing tax treatment rules for other forms of income and deductions already listed in the statute.

Impact

SB 39 would add a new chapter of Kansas law on legal tender and would amend the state income tax code to exempt gains from the sale of specie from Kansas taxable income starting after December 31, 2024. It would affect taxpayers who buy and sell gold or silver coin and bullion, financial institutions or retirement accounts that hold such assets, and parties to private contracts that specify specie as payment. The bill would also require the Department of Revenue and Kansas courts to apply the new legal-tender and tax rules, while leaving existing federal and state tax rules in place for other categories of income and deductions.

Sentiment

The available voting history suggests the bill had meaningful support but was not unanimous: it passed Senate Emergency Final Action 28-12. That margin indicates a generally favorable sentiment among a majority of senators, likely reflecting support for the bill’s gold-and-silver legal tender policy and the associated tax subtraction. No committee transcript is available here, so the record does not show detailed debate, but the final vote indicates some bipartisan or cross-faction support alongside a substantial minority of opposition.

Contention

The main points of contention are likely the policy choice to elevate gold and silver specie in state law and the tax preference for gains from its sale. Supporters would view the bill as strengthening monetary choice and protecting specie transactions, while opponents may question whether the state should single out precious metals for special legal-tender treatment or tax relief. The contract-enforcement provision and the requirement for specific performance could also raise concerns about private-party autonomy and the practical enforceability of specie-based agreements. The 28-12 vote suggests these issues were significant enough to divide the Senate.

Companion Bills

No companion bills found.

Previously Filed As

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS SB6

Providing a sales tax exemption for sales of electricity to residential premises by municipally owned or operated utilities.

KS SB8

Exempting the sale of firearms, firearms accessories, ammunition, firearm safes and firearm safety devices from the retatilers' sales tax.

KS HB2002

Expanding medical assistance eligibility and enacting the cutting healthcare costs for all Kansans act.

KS SCR1604

Proposing to amend section 1 of article 11 of the constitution of the state of Kansas to limit property tax valuation increases for real property and personal property mobile homes.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS HCR5002

Providing for the adjournment sine die of the 2024 special session of the Legislature.

KS SR1701

Providing for the organization of the Senate for the 2024 special session of the Legislature.

Similar Bills

No similar bills found.