Kansas lawmakers override governor’s veto of tax appeal bill

Lawmakers voted overwhelmingly Wednesday to override the governor’s veto of a bill enabling Kansans to present new evidence before a district court when challenging tax rulings.

SB 280 would allow any taxpayer appealing a decision by the Board of Tax Appeals to have a new trial in district court, where new evidence could be presented. The board is appointed by the governor to settle tax disputes.

“It provides clarification that all of our taxpayers will have equitable treatment under the law,” said Sen. Jeff Melcher, R-Leawood.

The Senate voted 39-1 to override the governor’s veto, with only Senate Vice President Jeff King, R-Independence, dissenting. A few minutes later, the House voted 120-0 to override the veto.

Brownback’s veto stemmed partly from concerns over a $42 million income tax dispute involving pizza magnate Gene Bicknell.

Bicknell says he was a resident of Florida in 2006 when he sold his company, NPC International, and should not have to pay Kansas income tax on the profits. The case is before the Kansas Supreme Court, but SB 280 raises the possibility that Bicknell could present new evidence before a district court in the future.

Bicknell released a statement blasting Brownback ahead of the vote.

“He can try with all his might to use me as an excuse, but one simple truth remains: While he is telling you to read his lips, his fingers are reaching for your billfold,” Bicknell said. “His statements are very clear that he is willing to sacrifice the rights of all Kansas taxpayers to help in his personal crusade against me.”

Brownback said in a statement last month that tax disputes should be settled before the Board of Tax Appeals and “not by seeking special treatment through the legislative process,” implying that lawmakers supporting the bipartisan legislation were working on behalf of Bicknell.

Melcher called Brownback’s explanation “disingenuous and misleading” and an insult to lawmakers’ ethics.

This story was originally published June 1, 2016 at 1:11 PM with the headline "Kansas lawmakers override governor’s veto of tax appeal bill."