Kansas 2023 2023-2024 Regular Session

Kansas Senate Bill SB138 Introduced / Fiscal Note

                    Division of the Budget 
Landon State Office Building 	Phone: (785) 296-2436 
900 SW Jackson Street, Room 504 	adam.c.proffitt@ks.gov 
Topeka, KS  66612 	http://budget.kansas.gov 
 
Adam Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
February 14, 2023 
 
 
 
 
The Honorable Caryn Tyson, Chairperson 
Senate Committee on Assessment and Taxation 
300 SW 10th Avenue, Room 548-S 
Topeka, Kansas  66612 
 
Dear Senator Tyson: 
 
 SUBJECT: Fiscal Note for SB 138 by Senate Committee on Assessment and Taxation 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning SB 138 is 
respectfully submitted to your committee. 
 
 Under current law, property owned by the Strother Field Airport Commission as of January 
1, 1992, is exempt from property taxes.  SB 138 would expand the property tax exemption to 
include the property owned by political subdivisions comprising the Strother Field Airport 
Commission and the property tax exemption would be extended to property included in the 
airport’s federally approved airport layout plan whether used for aviation related purposes, to 
promote aviation commerce, or to provide revenue to operate all Strother Field components and 
activities. The bill would also cancel all property taxes, penalties, and interest owed on this 
property before January 1, 2023.  
 
 The Department of Revenue indicates that there are currently two parcels of property in 
Cowley County that have the potential to be impacted from the expansion of this property tax 
exemption included in SB 138.  Exemption applications for both parcels are pending with the 
Board of Tax Appeals (BOTA).  If BOTA rules that these two parcels of property are exempt, this 
bill would have no fiscal effect on state and local property revenues.  If BOTA rules that these two 
parcels of property are not exempt, the bill could decrease property tax revenues by expanding a 
current property tax exemption.  The state funds directly affected by this bill are the two building 
funds, the Educational Building Fund (EBF) and the State Institutions Building Fund (SIBF).  The 
Department of Revenue estimates this bill could decrease revenues to these two funds by $513 in 
FY 2024, with $342 from the EBF and $171 from the SIBF.  Less property tax revenue would also 
affect state expenditures for aid to school districts.  To the extent that less property tax revenue 
would be available from the state’s uniform mill levy to fund expenditures for school districts, the 
state could be required to provide an additional $6,834 in state aid from the State General Fund  The Honorable Caryn Tyson, Chairperson 
Page 2—SB 138 
 
 
through the school finance formula in FY 2024.  Local governments that levy a property tax could 
also receive less revenue; however, the amount of reduced property tax revenues was not 
estimated.  The bill has the potential to reduce future state and local property taxes if additional 
buildings are constructed for businesses that would be exempt from the property tax. The fiscal 
effect to state revenues during subsequent years could be as follows: 
 
 	FY 2025 FY 2026 
 School District Finance  ($7,244) ($7,678) 
 EBF  (362) (384) 
 SIBF     (181)    (192) 
  ($7,787) ($8,254) 
 
 The Department of Revenue indicates the bill would have no fiscal effect on its operations.  
Any fiscal effect associated with SB 138 is not reflected in The FY 2024 Governor’s Budget 
Report. 
 
 The Kansas Association of Counties indicate that the bill has the potential to reduce the 
amount of local property tax revenues that are used in part to finance local governments.   
 
 
 
 
 	Sincerely, 
 
 
 
 	Adam Proffitt 
 	Director of the Budget 
 
 
cc: Lynn Robinson, Department of Revenue 
 Craig Neuenswander, Department of Education 
 Wendi Stark, League of Kansas Municipalities 
 Jay Hall, Kansas Association of Counties