Brief ⁽¹⁾

HCR 5019, as amended, would seek to amend the Kansas Constitution to authorize the Legislature to provide for the definition of public utility services and the classification or reclassification of property of any entity, or division thereof, providing public utility services.

The proposed constitutional amendment would not be self-executing, and a future Legislature would need to take statutory action before the existing property tax treatment of public utility service providers would be changed.

The amendment would be placed on the November 7 general election ballot.

Background

The original concurrent resolution would have authorized the Legislature to provide for the separate tax treatment of watercraft and aircraft. The House Committee removed the original provisions (which already will appear on the November 7 ballot pursuant to the approval of SCR 1629) and inserted the language authorizing the Legislature to change the classification of property of entities providing public utility services.

The public utility provisions were recommended by a subcommittee chaired by Representative Edmonds.

1. *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 http://www.ink.org/public/legislative/bill_search.html