COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3064H.06C Bill No.:HCS #2 for HJR 78 Subject:Taxation and Revenue - General; Constitutional Amendments; Property, Real and Personal; State Tax Commission; Department of Revenue; Housing; Elderly Type:Original Date:March 8, 2024Bill Summary:This joint resolution proposes a constitutional amendment relating to real property tax assessments. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027 General Revenue* $0 or (More than $8,000,000)$0 or Unknown** Total Estimated Net Effect on General Revenue $0 or (More than $8,000,000)$0$0 or Unknown** *The potential fiscal impact of “(More than $8,000,000)” would be realized only if a special election were called by the Governor to submit this joint resolution to voters. **Oversight notes the potential savings to the General Revenue Fund is from reduced Senior Property tax credits issued if the proposed changes in the base year result in lower property tax bills for qualifying seniors in the future. Oversight assumes the potential savings will not reach the $250,000 threshold in the next three years because the change in the base years will be relatively small until future years. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Blind Pension Fund* $0$0$0 or (Unknown)Total Estimated Net Effect on Other State Funds $0$0$0 or (Unknown) *Oversight notes the Blind Pension Fund may experience a decrease in revenue relative to what it would have received under current law. Oversight assumes the potential savings will not reach the $250,000 threshold in the next three years because the change in the base years will be relatively small until future years. Numbers within parentheses: () indicate costs or losses. L.R. No. 3064H.06C Bill No. HCS #2 for HJR 78 Page 2 of March 8, 2024 KLP:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net Effect on FTE 000 ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Local Government$0*$0$0 or (Unknown) *Transfers and costs net to zero if the Governor calls a special election. L.R. No. 3064H.06C Bill No. HCS #2 for HJR 78 Page 3 of March 8, 2024 KLP:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Department of Revenue (DOR) note this proposal modifies how residential property assessment values will be calculated in the future. DOR is not directly impacted by this proposal. However, should seniors that currently receive the Senior Property Tax Credit (PTC) pay less or more in property tax under this proposal, which could change the amount of the PTC credit they receive. In FY 2022, there were 56,457 senior homeowners that claimed $33,428,661 in PTC credits. The impact is unknown. Officials from the State Tax Commission have determined that this bill proposes residential real property be valued at the most recent assessed value. This bill also proposes that the increase of real residential property is the Consumer Price Index percentage rate of increase or 2% whichever is less. This proposal has an unknown fiscal impact on the State Tax Commission, however the limitation on assessment growth may negatively impact revenues for school districts, counties, cities, fire districts and other local taxing jurisdictions supported by property tax revenues. Additionally, restrictions on assessment growth may create disparities and inequities over time among residential properties and categories of homeowners, potentially shifting a greater share of the tax burden from one class of homeowner to another. A newer home's true market value used for assessment may increase far more than an older home or vice versa depending on market conditions. An assessment limit may impact assessment growth and over time potentially create a large disparity. Officials from the City of Kansas City assume the proposed legislation has a negative fiscal impact of an indeterminate amount. Officials from the Callaway County SB 40 Board assume the proposed legislation has a fiscal impact of an indeterminate amount. Officials from the Lincoln County Assessor note by limiting the value increases this will throw counties out of tolerance with ratio studies it sends to the State Tax Commission - also stunting tax base growth to some taxing entities The County Employees’ Retirement Fund (CERF) has reviewed HCS#2/HJR 78 (3064H.06C). CERF’s review of this bill would indicate that it may result in reductions in contribution revenue to CERF of an unknown amount annually. A certain portion of the moneys that are used to fund the County Employees’ Retirement Fund are tied to the collection of property taxes. Data is not available to quantify how changes to real property assessments under HCS#2/HJR 78 would impact contribution revenue but CERF assumes there would be a negative impact. L.R. No. 3064H.06C Bill No. HCS #2 for HJR 78 Page 4 of March 8, 2024 KLP:LR:OD Oversight assumes this proposal would limit increases in the assessed values of individual residential property to the change in CPI per year (estimated at 6.5% for 2022) or 2% whichever is lower. Oversight notes property tax revenues are designed to be revenue neutral from year to year. The tax rate is adjusted relative to the assessed value to produce roughly the same revenue from the prior year with an allowance for growth. Therefore, this proposal may result in a higher tax rate relative to current law thus distributing more of the tax burden to other property owners. Oversight notes some taxing entities have tax rate ceilings that are at their statutory or voter approved maximum. For these taxing entities, any decrease in the assessed values would not be offset by a higher tax rate (relative to current law) rather it would result in a loss of revenue. Oversight notes the Blind Pension Fund (0621) is calculated as an annual tax of three cents on each one hundred dollars valuation of taxable property ((Total Assessed Value/100)*.03). Because this proposal reduces (or limits growth) the assessed value portion of this equation, the Blind Pension Fund will experience a decrease in revenue relative to what it would have received under current law. Oversight assumes the magnitude of the impact to the Blind Pension Fund would depend on prevailing market conditions. Oversight assumes there could be a saving to General Revenue from a reduction the amount of Senior Citizen Property Tax Credits claimed. Oversight will show a range of impact of $0 (no reduction) to an unknown savings. Oversight notes this proposal is contingent on a voter approved amendment to the Constitution. Oversight will show the impact as either $0 (Constitutional amendment is not approved by voters) to an unknown loss in revenue to the Blind Pension Fund and local political subdivisions beginning in FY 2026. Oversight assumes there could be costs for implementation and computer programming. Oversight will show an unknown cost to county assessors to implement this proposal beginning in FY 2026. Oversight received a limited number of responses from local political subdivisions related to the fiscal impact of this proposal. Oversight has presented this fiscal note on the best current information available. Upon the receipt of additional responses, Oversight will review to determine if an updated fiscal note should be prepared and seek the necessary approval to publish a new fiscal note. Officials from the Newton County Health Department, Phelps County Sheriff, St. Louis County Police Department, Office of the State Auditor, Department of Social Services, L.R. No. 3064H.06C Bill No. HCS #2 for HJR 78 Page 5 of March 8, 2024 KLP:LR:OD Branson Police DepartmentKansas City Police Department proposal will have no fiscal impact on their respective organizations. FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027GENERAL REVENUETransfer Out - SOS - reimbursement of local election authority election costs if a special election is called by the Governor $0 or (More than $8,000,000)$0$0 Cost Avoidance – possible reduction in the amount of Senior Property Tax Credit claims $0$0 $0 or Unknown ESTIMATED NET EFFECT ON GENERAL REVENUE $0 or (More than $8,000,000)$0 $0 or Unknown BLIND PENSION FUND Revenue Loss - loss of property tax on property that appreciates more than the change in CPI or 2%$0$0 $0 or (Unknown) ESTIMATED NET EFFECT ON THE BLIND PENSION FUND$0$0 $0 or (Unknown) FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027LOCAL POLITICAL SUBDIVISIONS Transfer In - Local Election Authorities - reimbursement of election costs by the State for a special election $0 or More than $8,000,000 $0$0 L.R. No. 3064H.06C Bill No. HCS #2 for HJR 78 Page 6 of March 8, 2024 KLP:LR:OD FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027Costs - Local Election Authorities - cost of a special election if called for by the Governor $0 or (More than $8,000,000)$0$0 Costs - County Assessors - computer programing, administrative costs, and implementation and monitoring of assessed value increase exemptions on certain properties$0$0 $0 or (Unknown) Revenue Loss - loss of property tax on property that appreciates more than the change in CPI or 2%$0$0 $0 or (Unknown) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS$0$0 $0 or (Unknown) FISCAL IMPACT – Small Business Oversight assumes there could be a fiscal impact to small businesses if tax rates are adjusted relative to changes in assessed value. FISCAL DESCRIPTION Upon voter approval, beginning January 1, 2025, this proposed Constitutional amendment provides that the true value of all residential real property that has been maintained by the homeowner as his or her primary residence shall be deemed to be the same value determined at the most recent previous assessment of the property. In a new assessment or reassessment of the primary residence the assessed valuation of such property may be increased, provided that the increase does not exceed the change in the Consumer Price Index or 2%, whichever is less. Such limited increase may be exceeded to reflect the value added to the property as a result of new construction or improvements. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. L.R. No. 3064H.06C Bill No. HCS #2 for HJR 78 Page 7 of March 8, 2024 KLP:LR:OD SOURCES OF INFORMATION Department of Revenue (DOR) State Tax Commission City of Kansas City Callaway County SB 40 Board Lincoln County Assessor County Employees’ Retirement Fund (CERF) Newton County Health Department Phelps County Sheriff St. Louis County Police Department Office of the State Auditor Department of Social Services Kansas City Police Department Branson Police Department Julie MorffRoss StropeDirectorAssistant DirectorMarch 8, 2024March 8, 2024