Kansas 2025 2025-2026 Regular Session

Kansas House Bill HCR5011 Comm Sub / Analysis

Filed 03/19/2025

                    SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR 
HOUSE CONCURRENT RESOLUTION NO. 5011
As Recommended by Senate Committee on 
Assessment and Taxation
Brief*
Senate Sub. for 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 generally limit, for property tax 
purposes, the growth of taxable value of any real property or 
residential mobile home personal property to 3 percent per 
year. 
The limit would not apply when:
●The property includes new construction or 
improvements have been made;
●The class or subclass of the property changes for 
assessment rate purposes;
●The property becomes disqualified from exemption; 
●The property is first listed as escaped or omitted 
property; or
●The legal description of the parcel changes, except 
the valuation of all property affected by a legal 
description change would not be permitted to 
exceed 3 percent of the total valuation of the 
affected property of the previous year.
____________________
*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/ The concurrent resolution specifies the benefits of the 
valuation limitation would remain in place when title to the 
property is transferred, changed, or conveyed to another 
person, unless the Legislature enacts provisions providing for 
exceptions.
The concurrent resolution provides for the final taxable 
appraised value to be the lesser of the appraised value of the 
property determined without the application of the valuation 
limitation and the limited appraised value determined by the 
application of the valuation limitation. For tax year 2026, the 
concurrent resolution provides for the final taxable appraised 
value to increase by 3 percent, or a lesser amount provided 
by law, relative to the 2022 appraised value of the property, 
unless one of the exceptions provided for by the concurrent 
resolution applies to the property.
The Legislature would be authorized to define “new 
construction or improvements” and enact other implementing 
legislation.
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 limit annual valuation 
increases to 3 percent for real property for 
purposes of property taxation except when the 
property includes new construction or 
improvements have been made to the 
property, the class or subclass of the property 
changes, the property becomes disqualified 
from exemption, the property is first listed as 
escaped or omitted property, or the legal 
description of the property changes.
2- 5011 A vote for this proposition would limit annual 
valuation increases to 3 percent for real 
property for purposes of property taxation 
except when the property includes new 
construction or improvements have been 
made to the property, the class or subclass of 
the property changes, the property becomes 
disqualified from exemption, the property is 
first listed as escaped or omitted property, or 
the legal description of the property changes. 
The amendment would provide for the benefits 
of the valuation limitation to remain in place 
whenever title to the property is transferred, 
changed, or conveyed to another person or 
entity, unless the Legislature enacts provisions 
that provide for exceptions. The amendment 
would clarify that for property subject to the 
valuation limitation, the final taxable appraised 
value each year would be the appraised value 
of the property determined without the 
application of the valuation limitation 
provisions or the limited appraised value of the 
property determined by the application of the 
valuation limitation provisions, whichever is 
less. The amendment would also roll back the 
valuation starting point to provide for tax year 
2026, the final taxable appraised value of such 
property shall not increase by more than 3 
percent, or a lesser percentage as provided by 
law, as compared to the tax year 2022 
appraised value of such property unless an 
exception applies. The amendment would 
authorize the legislature to define new 
construction or improvements and to enact 
such other legislation as is necessary to 
administer the provision.
3- 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 the Kansas Senate would be 
published in the journals of both chambers.
The 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 Senate Committee on Assessment and Taxation 
amended the concurrent resolution to remove the contents 
and insert the contents of SCR 1603, as amended by the 
Senate Committee of the Whole. The background for both 
concurrent resolutions is provided below.
SCR 5011
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.
4- 5011 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.
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.
Senate Committee on Assessment and Taxation
In the Senate Committee hearing,  proponent testimony 
was provided by a representative of the Kansas Policy 
Institute, who generally stated the proposed amendment 
would blunt property tax increases and suggested several 
possible changes to the amendment.
Written-only proponent testimony was provided by a 
private citizen.
Neutral testimony was provided by representatives of 
the Kansas Association of School Boards, Kansas Chamber 
5- 5011 of Commerce, and Kansas Livestock Association and a 
Leavenworth County Commissioner.
Written-only neutral testimony was provided by 
representatives of Kansas Action for Children, Kansas 
Association of Counties, Kansas County Appraisers 
Association, Kansas Farm Bureau, and League of Kansas 
Municipalities.
Opponent testimony was provided by a representative 
of the City of Bel Aire, who generally stated the proposed 
amendment would have little effect on property taxes and 
would confuse citizens regarding property tax expectations.
No other testimony was provided.
SCR 1603
 The concurrent resolution was introduced at the request 
of Senators Tyson, Alley, Blasi, Bowser, J.R. Claeys, Joseph 
Claeys, Erickson, Gossage, Klemp, Kloos, Masterson, 
Murphy, Peck, Petersen, Shallenburger, Starnes, Thompson, 
and Warren.
Senate Committee on Assessment and Taxation 
In the Senate Committee hearing, proponent testimony 
was provided by Senator Thompson; representatives of the 
City of Basehor, Renew Kansas Biofuels Association, and 
Kansas Policy Institute; a Leavenworth County 
Commissioner; and a private citizen.
The proponents generally stated increases in property 
taxes make it difficult for Kansans to remain in their homes, 
that valuation increases result in tax increases for individuals 
without requiring notice by local governments, and that the 
resolution would limit valuation increases over time.
6- 5011 Written-only proponent testimony was provided by three 
private citizens.
Opponent testimony was provided by representatives of 
the Kansas Association of Realtors, Kansas Farm Bureau, 
and the Kansas Livestock Association. The opponents 
generally stated the approach to limiting property tax provided 
by the resolution would not result in lower taxes but would 
shift the burden of taxes paid between classes of property or 
between properties within the same class and that other 
approaches are available that would reduce taxes more 
effectively and more fairly.
Written-only opponent testimony was provided by a 
Douglas County appraiser and representatives of the cities of 
Olathe and Overland Park, Kansas Association of School 
Boards, Kansas National Education Association, and Kansas 
Action for Children.
Neutral testimony was provided by a representative of 
the Kansas Chamber, who stated the bill would have the 
potential to reduce property taxes for some taxpayers but 
other approaches could lower taxes for more taxpayers 
without increasing the tax burden for others.
Written-only neutral testimony was provided by Senator 
Titus and representatives of the League of Kansas 
Municipalities, Kansas Association of Counties, Kansas 
County Appraisers Association, an d the Kansas 
Manufactured Housing Association.
No other testimony was provided.
The Senate Committee amended the concurrent 
resolution to:
●Provide for transferability of the valuation benefit 
when the title to the property is transferred, 
changed, or conveyed to another person; and
7- 5011 ●Add clarifying language specifying the final taxable 
amount would be the lesser of the limited 
assessment value or the market value without the 
limitation applied.
Senate Committee of the Whole
The Senate Committee of the Whole amended the 
concurrent resolution to provide for the 2026 valuation to be 
based on growth relative to the 2022 valuation of the 
property, unless an exception applies.
Taxation; constitutional amendment; property tax; valuation growth
8- 5011