Kansas 2025 2025-2026 Regular Session

Kansas House Bill HCR5011 Comm Sub / Analysis

Filed 03/03/2025

                    SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE CONCURRENT 
RESOLUTION NO. 5011
As Amended by House Committee on Taxation
Brief*
HCR 5011, as amended, if adopted by a two-thirds 
majority of each chamber of the Kansas Legislature and 
approved by voters, would amend the Kansas Constitution to 
provide for the taxable value of certain property to be the 
lesser of the fair market value of the property or the average 
fair market value, as defined by law.
The amendment, which would take effect in tax year 
2027, would apply to residential real estate, mobile homes 
used as residential property, commercial and industrial real 
estate, and buildings and improvements on agricultural land.
The Legislature would be authorized to establish the 
number of years to be considered in determining the average 
fair market value and to establish valuation adjustments for 
new construction or improvements, changes in property use, 
changes in the description of property, and property listed as 
escaped or omitted property.
The concurrent resolution requires the following 
explanatory statement to be printed on the ballot with the text 
of the amendment if it is submitted to the voters for their 
approval:
This amendment would value real property 
used for residential purposes provided under 
Section 1 of Article 11 of the Constitution of the 
State of Kansas in subclass (1) of class 1, real 
____________________
*Supplemental notes are prepared by the Legislative Research 
Department and do not express legislative intent. The supplemental 
note and fiscal note for this bill may be accessed on the Internet at 
https://klrd.gov/ property used for commercial and industrial 
purposes and buildings and other 
improvements located upon land devoted to 
agricultural use pursuant to subclass (6) of 
class 1, and tangible personal property 
classified as mobile homes used for residential 
purposes pursuant to subclass (1) of class 2 
based on the lesser of the fair market value or 
the average fair market value of that portion. 
The amendment would also authorize the 
Legislature to establish by law the number of 
years in determining the average fair market 
value of that portion and provide valuation 
adjustments by law in certain circumstances.
A vote for this proposition would value parcels 
of 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 real property 
upon which such homes are located, real 
property used for commercial and industrial 
purposes and other improvements located 
upon land devoted to agricultural use, and 
tangible personal property classified as mobile 
homes used for residential purposes based on 
the lesser of the fair market value or the 
average fair market value of that portion. The 
amendment would also authorize the 
Legislature to establish by law the number of 
years in determining the average fair market 
value of that portion and provide valuation 
adjustments for new construction or 
improvements, changes in property use, 
property that is listed as escaped or omitted 
property, changes to the description of the 
land, lot or parcel and property that lacks 
established valuations.
2- 5011 A vote against this proposition would provide 
no change to the Kansas Constitution.
If approved by two-thirds of the Legislature, the text of 
the resolution and the yea and nay votes of both the Kansas 
House of Representatives and Kansas Senate would be 
published in the journals of both chambers.
The concurrent resolution requires the proposed 
constitutional amendment to be submitted to voters at a 
special election to be called on November 4, 2025, to be held 
in conjunction with the general election to be held on that 
date.
Background
The concurrent resolution was introduced by the House 
Committee on Taxation at the request of Representative A. 
Smith.
House Committee on Taxation
In the House Committee hearing, proponent testimony 
was provided by a representative of the Kansas Policy 
Institute and a Shawnee County Commissioner. The 
proponents generally stated the proposed amendment would 
reduce the volatility of property tax valuations, resulting in 
more steady and predictable tax bills for homeowners.
Written-only proponent testimony was provided by a 
representative of the Kansas Association of Realtors.
Opponent testimony was provided by a private citizen 
who stated the proposed amendment would not resolve 
problems with the property valuation system and a specific 
valuation growth cap would provide a solution to the 
challenges.
3- 5011 Neutral testimony was provided by representatives of 
the Kansas Association of School Boards, Kansas Chamber, 
Kansas Livestock Association, Kansas Manufactured Housing 
Association, and Leavenworth County Board of County 
Commissioners and by a Sedgwick County Commissioner.
Written-only neutral testimony was provided by 
Representative Fairchild and representatives of Kansas 
Action for Children, Kansas Association of Counties, Kansas 
County Appraisers Association, Kansas Farm Bureau, 
Kansas Grain and Feed Association and Renew Kansas 
Biofuels Association, and League of Kansas Municipalities.
No other testimony was provided.
The House Committee amended the concurrent 
resolution to include commercial and industrial real property, 
improvements to agricultural land, and mobile homes to the 
averaging provision.
Taxation; constitutional amendment; property tax; valuation
4- 5011