Kansas 2025 2025-2026 Regular Session

Kansas Senate Bill SB35 Introduced / Fiscal Note

Filed 01/21/2025

                    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 C. Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
January 20, 2025 
 
 
 
 
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 35 by Senate Committee on Assessment and Taxation 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning SB 35 is 
respectfully submitted to your committee. 
 
 Under current law, the State of Kansas receives property tax revenue each year from the 
1.0 mill Education Building Fund (EBF) tax levy and the 0.5 mill State Institutions Building Fund 
(SIBF) tax levy. SB 35 would discontinue these property tax levies after tax year 2025 and 
authorize an annual transfer from the State General Fund (SGF) to these funds starting in FY 2027.  
The bill would transfer $50.0 million from the SGF to the EBF on July 1, 2026.  In future fiscal 
years, the transfer from the SGF to the EBF would increase by 2.0 percent each year and would 
occur on July 1st of each future fiscal year.  The bill would transfer $25.0 million from the SGF to 
the SIBF on July 1, 2026.  In future fiscal years, the transfer from the SGF to the SIBF would 
increase by 2.0 percent each year and would occur on July 1st of each future fiscal year.  The bill 
would remove outdated language on the EBF and SIBF, including language that allows the 
Director of Accounts and Reports at the Department of Administration to credit amounts to the 
EBF and SIBF for cashflow purposes. 
 
 SB 35 would reduce SGF revenues by a total of $75.0 million in FY 2027 by authorizing 
transfers from the SGF of $50.0 million to the EBF and $25.0 million to the SIBF.  The bill would 
decrease state property tax revenues by discontinuing the EBF and SIBF property tax levies.  The 
Department of Revenue estimates this bill would decrease property tax revenues to these two funds 
by a total of $84,230,000 in tax year 2026 or FY 2027, with $56,150,000 from the EBF and 
$28,080,000 from the SIBF.   
 
 The bill is estimated to have a net reduction of revenue to the state building funds of 
$9,230,000 in FY 2027.  Specifically, the EBF would receive $6,150,000 less in revenue in FY 
2027 ($50.0 million in new revenue from the SGF transfer minus $56,150,000 by discontinuing 
the property tax).  The SIBF would receive $3,080,000 less in revenue in FY 2027 ($25.0 million  The Honorable Caryn Tyson, Chairperson 
Page 2—SB 35 
 
 
in new revenue from the SGF transfer minus $28,080,000 by discontinuing the property tax).  The 
bill would also provide less revenues to the EBF and SIBF in future fiscal years as property tax 
revenues are estimated to increase with property valuations each year by approximately 5.0 
percent, while the amount of the SGF transfers would grow by 2.0 percent each year. The 
reduction in revenue to the EBF and SIBF are shown in the following tables: 
 
Current Law  FY 2027 FY 2028 FY 2029 
EBF 	$56,150,000 $58,960,000 $ 66,970,000 
SIBF 	$28,080,000 $29,480,000 $ 33,480,000 
   Total 	$84,230,000 $88,440,000 $100,450,000 
  
SB 35 Transfers  FY 2027 FY 2028 FY 2029 
EBF 	$50,000,000 $51,000,000 $52,020,000 
SIBF 	$25,000,000 $25,500,000 $26,010,000 
   Total 	$75,000,000 $76,500,000 $78,030,000 
  
Revenue Reduction   FY 2027 FY 2028 FY 2029 
EBF 	($6,150,000) ($ 7,960,000) ($14,950,000) 
SIBF 	($3,080,000) ($ 3,980,000) ($ 7,470,000) 
   Total 	($9,230,000) ($11,940,000) ($22,420,000) 
 
 The property tax estimates (excluding motor vehicles) were developed jointly by the 
Department of Revenue, Kansas Legislative Research Department, and the Division of the Budget 
in November 2024 as part of the education consensus revenue estimating process.  That process 
includes the assumption that approximately 3.0 percent of property taxes become delinquent and 
are collected in future years; however, the actual amount of delinquent property taxes varies from 
year to year.  Delinquent property tax revenue that are collected in future fiscal years would be 
credited to the EBF and SIBF.  Motor vehicle property taxes have a two-year lag with their mill 
levy and will not cause an impact until FY 2029. 
 
 The Board of Regents indicates that the bill has the potential to provide less funding for 
the EBF that would be used to fund deferred maintenance projects at the state universities.  
According to the Board, the estimated renewal cost to bring all mission critical buildings to a “state 
of good repair” is estimated at just over $1.570 billion in FY 2025.  The Board estimates that an 
annual amount of $168.0 million is needed for on-going maintenance to prevent any further 
backlogs and to adequately maintain university campuses.  The Division of the Budget notes that 
it is unknown if the State General Fund or other state resources would be used in the appropriation 
process to provide additional funding for projects that were previously funded with EBF dollars. 
 
 The bill has the potential to provide less funding to the SIBF.  The SIBF is established in 
the Kansas Constitution for constructing, equipping, and repairing buildings at the state institutions 
for the mentally ill and developmentally disabled overseen by the Department for Aging and 
Disability Services, the state’s juvenile correctional facility, the Schools for the Deaf and Blind 
under the Department of Education, as well as the veterans’ homes and cemeteries.  The FY 2026 
Governor’s Budget Report indicates that a number of state agencies depend on monies available 
in the SIBF for their capital improvement projects.  The Division of the Budget notes that it is  The Honorable Caryn Tyson, Chairperson 
Page 3—SB 35 
 
 
unknown if the SGF or other state resources would be used in the appropriation process to provide 
additional funding for projects that were previously funded with SIBF dollars.  Any fiscal effect 
associated with SB 35 is not reflected in The FY 2026 Governor’s Budget Report. 
 
 
 
 	Sincerely, 
 
 
 
 	Adam C. Proffitt 
 	Director of the Budget 
 
 
 
 
cc: Lynn Robinson, Department of Revenue 
 Chris Mitchell, Department of Administration 
 Becky Pottebaum, Board of Regents 
 Melissa Ford, Office of Veterans Services  
 Jennifer King, Department of Corrections 
 Adela Tan, Schools for the Blind and Deaf