HCR 5001--
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House Concurrent Resolution No. 5001
By Representative McKechnie
12-17
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A PROPOSITION to amend article 14 of the Constitution of the state of Kansas by adding a new section thereto, providing for a constitutional convention to consider the revision or amendment of the constitution relating to the structure and finance of taxing subdivisions of the state. WHEREAS, The Constitution of the state of Kansas was adopted by convention on July 29, 1859, and ratified by voters at election on October 4, 1859, in Wyandotte, Kansas; and WHEREAS, Kansas entered the Union, becoming a state of the United States of America on January 29, 1861; and WHEREAS, In 1859 the Constitution adopted in convention at Wy- andotte established the basic structure of both the state government and all of its taxing subdivisions and taxation for the supporting thereof; and WHEREAS, From the time of its adoption, until amended in 1928 authorizing motor vehicle and motor fuel taxes and in 1931 to provide for the authorization of the state income tax, Article 11 of the Constitution relating to the finance and taxation, did and continues to apply primarily to the taxation of property; and WHEREAS, Funding for the support of all of the taxing subdivisions of the state government continues to rely primarily on the property tax as its primary source of revenue as it has since 1859; and WHEREAS, The taxation of property to provide for needed govern- ment services is no longer a valid or accurate reflection of a fair or eq- uitable tax; and WHEREAS, From the time of the Wyandotte convention to the pres- ent, there have been studies conducted and revisions made in the Con- stitution relating to property taxes, powers and authorities of cities and counties and the structure of education. Studies conducted and action taken applied primarily to each single subject area individually, but not in any way inclusive or comprehensive; and WHEREAS, The seventy-seventh Legislature of the state of Kansas here assembled finds that: (a) Property taxes are a regressive and unfair form of taxation forcing an undue burden upon the citizens of this state; and (b) since Kansas' entry into the Union on January 29, 1861, the econ- omies of the state and of the United States have changed dramatically; and (c) comprehensive review of the structure of the form of taxation and of local taxing subdivisions has never been performed with the intention of proposing revisions to the Constitution; and (d) property taxes as a form of taxation should be forever abolished: Now, therefore, Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Repre- sentatives and two-thirds of the members elected (or appointed) and qualified to the Senate concurring therein: Section 1. The following proposition to amend the constitution of the state of Kansas shall be submitted to the qualified electors of the state for their approval or rejection: Article 14 of the constitution of the state of Kansas is hereby amended by adding a new section thereto to read as follows: ``(section) 3. Constitutional convention to consider structure and finance of taxing subdivisions of the state. A constitutional con- vention to consider a comprehensive revision or amendment of the constitution of the state of Kansas relating to the structure and finance of taxing subdivisions of the state shall be convened in the city of Hutchinson, Kansas, on July 5, 1999, as hereinafter provided. Three delegates shall be elected from each state senatorial dis- trict. Such delegates shall have the same qualifications as provided by the constitution for members of the legislature. Members of the legislature and candidates for membership therein shall be eligible for election as delegates to the convention. Delegates shall be elected in the manner prescribed by law for the election of mem- bers of the legislature, at an election to be called and held at the time of holding general elections in school districts in April, 1999, except that the fee for the declaration of candidacy shall be $50. Each delegate shall receive compensation and allowances as are prescribed by law for members of the legislature. The convention shall have power to choose its own officers, ap- point and remove its employees and fix their compensation, deter- mine its rules, judge the qualifications of its members, and carry on the business of the convention in an orderly manner. A vacancy in the office of any delegate shall be filled as provided by law. The convention shall have power to propose comprehensive amendments or revisions in all parts of the constitution relating to the structure and finance of taxing subdivisions of the state, subject to ratification by the electors. No proposed constitution, or amend- ment or revision of an existing constitution, shall be submitted by the convention to the electors unless it has been available to the delegates in final form at least three days on which the convention is in session, prior to final passage, and receives the assent of a majority of all the delegates. The yeas and nays upon final passage of any proposal, and upon any question upon request of one-tenth of the delegates present, shall be entered in the journal of the con- vention. The convention shall expire on December 31, 1999. Proposals of the convention shall be submitted to the electors at the general election held in November, 2000, and shall take effect in accordance with the provisions thereof in such form and with such notice as is directed by the convention upon receiving the approval of a majority of the qualified electors voting thereon.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would authorize the convening of a constitutional convention in the year 1999, to con- sider a comprehensive revision or amendment of the provisions of the state constitution relating to the structure and financing of tax- ing subdivisions of the state. ``A vote for this proposition would favor authorizing the estab- lishment and convening of a constitutional convention to consider revision or amendment of the constitution relating to the structure and financing of taxing subdivisions of the state. ``A vote against this proposition would favor granting no authority for the convening of a constitutional convention for this specific purpose.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as pro- vided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election in the year 1998 unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election.