Author: Bob Weeks

  • Wichita seeks to add more tax to hotel bills

    Wichita seeks to add more tax to hotel bills

    Wichita City Hall.
    Wichita City Hall.

    The city of Wichita wants hotel guests to make a “marketing investment” in Wichita by paying a “City Tourism Fee.”

    This Tuesday the Wichita City Council will hold a public hearing regarding the formation of a Tourism Business Improvement District (TBID).

    Go Wichita Convention and Visitors Bureau

    The main characteristic of the proposed TBID is that it will add 2.75 percent tax to most hotel rooms sold in the City of Wichita. The funds would go to Go Wichita Convention and Visitors Bureau to be used to enhance that agency’s marketing efforts. The tax is estimated to raise $2.5 million per year.

    What is the motivation of the city’s hotel operators to assent to this added tax on their product? City documents state: “Go Wichita estimates that the new marketing investment could result in a 6% rise in hotel occupancy and a growth of $12 million in hotel revenue.”

    What the city calls a “marketing investment” will appear on hotel bills as the “City Tourism Fee,” according to city documents.

    How to succeed in business by having others pay for your advertising

    When most business firms want to increase their business through advertising, they pay for it themselves. They don’t tack on an additional “advertising fee” to customer’s bills.

    But not so with Wichita hotels. Unlike most businesses, Wichita hotels propose to have someone else pay for their advertising.

    On top of that, the city and the hotels don’t have the integrity to label the added tax to let customers know its true purpose. Instead, the tax will appear on customer bills as a “City Tourism Fee.” If hotel customers are angry at the fee, well, who is to blame? The hotel, which is merely collecting what city code says it must? Visitors to Wichita likely won’t know the real reason for the tax, which is to shift expenses to someone else through the mechanism of government.

    Clever. I wonder if other industries will try something like this? Also: Will the Wichita hotels that currently engage in advertising reduce their spending on advertising, now that a government agency is in charge and taxpayers are footing the bill?

    Who pays this tax

    City leaders argue that taxes like hotel taxes are largely paid for by people from out of town. Whether that is a wise strategy is debatable. People and business firms notice these taxes. Wichita hotel owner Jim Korroch is an advocate of the new Wichita tax. But he told the Wichita Eagle recently “You know, I used to like to take my girls shopping at the Legends in Kansas City. I thought that was a great deal with the outlet malls, but for the first time I’ve looked at my receipts, and it isn’t. They charge almost 20 percent at the Legends with that district.” So he noticed — eventually — the high taxes charged.

    Coming to Wichita for business. (Click for a larger version.)
    Coming to Wichita for business. (Click for a larger version.)

    If the tourism fee is implemented, some hotels in Wichita that are located in community improvement districts (including one Korroch owns) will have taxes totaling 17.9 percent added to customer bills.

    Here’s something else regarding the myth of shifting hotel taxes to people from out of town. Are there are any Wichita business firms that have employees who live in other cities, and those employees travel to Wichita on business and stay in hotels? Often these hotel bills are paid by the employee and then reimbursed by the Wichita company they work for. So as far as a hotel knows, and as far as any marketing analysis might show, someone from Fresno spends a few days in a Wichita hotel. This person might work for Cargill Beef’s Fresno facility and have traveled to Wichita to visit the headquarters of Cargill Meat Solutions. In the end, the hotel bill and taxes are paid by Cargill Meat Solutions, a Wichita company.

    Do any Wichita business firms employ consultants who travel to Wichita and stay in hotels, and those hotels bills are part of the consultants’ billable expense? In the end, who pays those taxes? A Wichita business firm does.

    So at the public hearing, I hope someone asks the question: How often are these taxes actually paid by Wichita companies? Does the city know the answer to this?

    Further: Isn’t it a sham to call this tax a “City Tourism Fee” when hometown companies are paying hotel bills for their employees and consultants to come to Wichita for business?

    More secret spending

    It is the position of Go Wichita that the agency doesn’t have to conform to the Kansas Open Records Act. The City of Wichita backs this interpretation of the law. Thus, we will have more taxpayer funds spent in secret.

    The bureaucrats profit

    Writing in Public Choice — A Primer Eamonn Butler explains the motivations of bureaucrats:

    In terms of what bureaucrats actually do pursue, Niskanen suggested that budget maximisation provided a fair measure. It is an approximation to the objective of profit in the market context. And it provides a simple proxy for all the other things that go with a large and growing budget — such as job security, promotion prospects, salary increases and so on.

    In their pursuit of these benefits, bureaucrats are just as much players in the political process as any other interest group — and they have no free-rider problem because their group is so well defined that they can easily keep the benefits of their lobbying to themselves. …

    Bureaucrats can also rely on the political support of the interest groups that depend on the grants and programmes that they administer, and which would almost certainly like to see those budgets increased; and they can rely on the support of the commercial businesses that supply goods and services to the programmes that the agencies administer.

    We see these characteristics revealing themselves: A government agency seeking to expand its budget and power, at the expense of taxpayers.

  • Special interests struggle to keep special tax treatment

    Special interests struggle to keep special tax treatment

    Detail of stairway in Kansas Capitol.
    Detail of stairway in Kansas Capitol.
    When a legislature is willing to grant special tax treatment, it sets up a battle to keep — or obtain — that status. Once a special class acquires preferential treatment, others will seek it too.

    When preferential tax treatment is granted, that is, when government says someone doesn’t have to pay taxes, it’s usually the case that someone else has to pay. That’s because governmental bodies usually don’t reduce their spending in response to the tax breaks they give. Spending stays the same (or rises), but someone isn’t paying their share. Therefore, others have to make up the missing tax revenue.

    In Kansas, SB 72 has been passed by the Senate and may be considered by the House of Representatives. This bill would, according to its supplemental note “provide a property or ad valorem tax exemption on all property owned and operated by a health club.” In effect, this bill would give all health clubs the same property tax exemption that the YMCA enjoys on its fitness centers.

    When the legislature uses tax law to achieve goals, the statute book becomes complicated as illustrated by the many special sales tax exemptions in Kansas. K.S.A. 79-3606 details the special sales tax exemptions that the legislature has granted. In order to list them all, the statute has sections labeled from (a) through (z), then from (aa) through (zz), then from (aaa) through (zzz), and finally from (aaaa) through (gggg).

    Some of these sections are needed and valuable, such as the section that exempts manufacturers from paying sales tax on component parts and ingredients used to build final products. It is supposed to be a retail sales tax, after all.

    But then there are sections like this: “(vv) (18) the Ottawa Suzuki Strings, Inc., for the purpose of providing students and families with education and resources necessary to enable each child to develop fine character and musical ability to the fullest potential.”

    I have no doubt that this organization is engaged in useful work and that there should be more of this. But what about all the other organizations engaged in similar activities, and which are undoubtedly as deserving of the same tax break? Should they be penalized because they did not have the temerity to ask?

    In the area of property taxation, we find many similar circumstances, where two businesses that seem to be similarly situated are treated very differently by the tax collector.

    For example, Wesley Medical Center, one of Wichita’s principal hospitals, is Wichita’s second-largest property taxpayer, with taxable assessed value representing 0.90 percent of the total of such property in Wichita.

    One hospital has many millions in property, but is not taxed on that property.
    One hospital has many millions in property, but is not taxed on that property.

    But another large Wichita Hospital, Via Christi Hospital on St. Francis, has assets valued at over $115 million, yet pays no property tax. For the mill levy rate that applies to its address, this represents about $3.5 million in property tax savings. (It did pay a Sedgwick County Solid Waste User Fee of $8.91.)

    How can we meaningfully distinguish between Wesley and St. Francis Hospitals? Does one provide more charity care than the other? Does the non-profit hospital charge lower rates? (I’d be surprised if so.) Does St. Francis impose less of a burden on city and county resources such as fire and police protection than does Wesley? Since Wesley attempts to earn a profit and St. Francis purportedly does not, does that make Wesley evil and St. Francis saintly? Why do we exempt St. Francis from millions of property tax, yet insist it pay $8.91 in solid waste user fees?

    A scene from a non-profit retirement living center.
    A scene from a non-profit retirement living center.

    We find other examples: A luxury retirement community (Larksfield Place) with real property valued at $27,491,440 pays no property tax, except for $5.95 in the solid waste user fee. Less than a mile away, Sedgwick Plaza, a senior living center, has a valuation of $5,067,350 for its real property, and was billed $70,080.51 in property tax, including its solid waste user fee of $972. Despite — or perhaps due to — its non-profit status, Larksfield Place is able to provide its president a salary of over $130,000.

    A Goodwill thrift store on West Central in Wichita has real property valued at $696,600, but paid no property taxes except for $5.94 solid waste user fee. On the other side of town, a small thrift store on East Douglas has real property valued at $113,800. It pays $3,437 in property tax, including its solid waste user fee.

    These differences in what seem to be properties in similar situations are not justifiable under any theory of taxation, one of which is that similar situations are taxed similarly. The YMCA’s fitness centers are difficult to distinguish from others in Wichita — except for the YMCA’s rarefied tax-exempt status.

    The slippery slope

    Here’s the danger: Should SB 72 pass and all health clubs start enjoying the same tax privileges as the YMCA, shouldn’t we then expect to see for-profit hospitals like Wesley Medical Center ask to be relieved of their tax burden, using the same logic? If the legislature were to deny that request, how could it possibly explain its reasoning to citizens?

    In defense of its tax exempt status, the YMCA says it engages in many charitable activities. I’m sure that’s true, and we’d like to keep those activities. Perhaps the YMCA would consider separating its fitness centers from the rest of its operations. Separate the business-like activities from the charitable. The YMCA can use the “profits” from its fitness centers to finance its charitable activities. To the extent it does that, it will avoid paying state and federal income tax on its profits.

    But property taxes are something different from income taxes. The YMCA benefits from all the things the city (and other taxing jurisdictions) provide, ranging from public safety to schools to security for the mayor’s trip to Ghana. When it doesn’t pay its share, others have to pay. That means that others — you and me, for example — have less money available for the charitable (and other) activities they feel important. Even worse, I am forced to subsidize the charitable activities that the YMCA (or the Methodist Church, Boy Scouts, Girl Scouts, etc.) chooses to fund. This is especially true in Kansas, where low-income households pay a regressive sales tax on food.

    When the YMCA — or any non-profit, for that matter — escapes taxation that other similar organizations must pay, it means that we all subsidize the charitable activities of these non-profits. It sustains a system in which special interest groups lobby to keep their advantages, and those who are not similarly blessed spend lavishly on campaign contributions and other lobbyists. Even when the organization is widely respected, as is the YMCA, this is wrong. It leads to cynicism as citizens realize that our laws are not applied uniformly, and that special interests feel they can buy their way to special treatment.

    For their business-like activities, the YMCA, Larksfield Place, and Goodwill thrift stores should pay property taxes so they shoulder the same burden that the rest of us struggle under. That will spread the cost of government fairly, and let ordinary people themselves decide how to contribute their after-tax dollars.

  • Regulation failure leads to tragedy in Wichita

    Regulation failure leads to tragedy in Wichita

    wichita-taxi regulationsWhen the Wichita City Council passed new taxicab regulations in 2012, the focus was on dirty cabs and slovenly drivers who were not acting as goodwill ambassadors for the city. Mayor Carl Brewer said he was “tired” of hearing complaints about drivers.

    So the council passed new regulations regarding taxicabs, including the requirement that drivers attend customer service training provided by Go Wichita Convention and Visitors Bureau. Other regulations determine taxicab office staffing levels and level of supervision.

    Bryon Scott Spohn, a taxi driver accused of raping a passenger.

    But something very important slipped through the cracks. The Wichita Eagle has reported the city didn’t competently enforce regulations designed to protect passenger safety:

    A Wichita taxicab driver now in prison for raping a passenger last year shouldn’t have been allowed to operate a taxi in the first place.

    That’s because at the time Bryon Scott Spohn applied for a taxi driver’s license in late 2012, he was on a state sex offender registry for possession of child pornography. A city ordinance that went into effect in July 2012 says a taxi driver’s license shall not be issued to anyone who “is now or has ever been registered as a sexual offender with any state, county or local government.”

    Spohn shouldn’t have received a taxi license but did because the new change banning registered sex offenders wasn’t communicated to staff members doing background checks on taxi driver applicants, city officials told The Eagle on Friday. The city has fixed the problem that led to the oversight in Spohn’s case, they said. Taxi driver in prison for raping passenger was on sex offender registry, March 3, 2014

    The regulations regarding customer service training were implemented. But the really important regulations? Lack of oversight, says the city.

    I wonder: Who is regulating the regulators?

  • WichitaLiberty.TV: Government planning, taxes, and carbon

    WichitaLiberty.TV: Government planning, taxes, and carbon

    In this episode of WichitaLiberty.TV: The City of Wichita held a workshop where the Community Investments Plan Steering Committee delivered a progress report to the city council. The document holds some facts that ought to make Wichitans think, and think hard. Then: What is the purpose of high tax rates on high income earners? Finally: Advances in producing oil and natural gas make for a more competitive and carbon-efficient economy. Episode 33, broadcast March 2, 2014. View below, or click here to view on YouTube.

  • Corporate cronyism harms America

    As the Wichita Business Journal features an interview with Charles Koch today, here’s a repeat of his article from September 2012 in which he address many of the same topics as covered in the WBJ interview.

    “The effects on government are equally distorting — and corrupting. Instead of protecting our liberty and property, government officials are determining where to send resources based on the political influence of their cronies. In the process, government gains even more power and the ranks of bureaucrats continue to swell.”

    The editorial in today’s Wall Street Journal by Charles G. Koch, chairman of the board and CEO of Wichita-based Koch Industries contains many powerful arguments against the rise of cronyism. The argument above is just one of many.

    In his article, Koch makes an important observation when he defines cronyism: “We have a term for this kind of collusion between business and government. It used to be known as rent-seeking. Now we call it cronyism. Rampant cronyism threatens the economic foundations that have made this the most prosperous country in the world.”

    “Rent-seeking” was always a difficult term to use and understand. It had meaning mostly to economists. But “cronyism” — everyone knows what that means. It is a harsh word, offensive to many elected officials. But we need a harsh term to accurately describe the harm caused, as Koch writes: “This growing partnership between business and government is a destructive force, undermining not just our economy and our political system, but the very foundations of our culture.”

    The entire article is available at the Wall Street Journal. Koch has also contributed other articles on this topic, see Charles G. Koch: Why Koch Industries is speaking out and Charles Koch: The importance of economic freedom.

    Charles G. Koch: Corporate Cronyism Harms America

    When businesses feed at the federal trough, they threaten public support for business and free markets.

    By Charles G. Koch

    “We didn’t build this business — somebody else did.”

    So reads a sign outside a small roadside craft store in Utah. The message is clearly tongue-in-cheek. But if it hung next to the corporate offices of some of our nation’s big financial institutions or auto makers, there would be no irony in the message at all.

    It shouldn’t surprise us that the role of American business is increasingly vilified or viewed with skepticism. In a Rasmussen poll conducted this year, 68% of voters said they “believe government and big business work together against the rest of us.”

    Businesses have failed to make the case that government policy — not business greed — has caused many of our current problems. To understand the dreadful condition of our economy, look no further than mandates such as the Fannie Mae and Freddie Mac “affordable housing” quotas, directives such as the Community Reinvestment Act, and the Federal Reserve’s artificial, below-market interest-rate policy.

    Far too many businesses have been all too eager to lobby for maintaining and increasing subsidies and mandates paid by taxpayers and consumers. This growing partnership between business and government is a destructive force, undermining not just our economy and our political system, but the very foundations of our culture.

    With partisan rhetoric on the rise this election season, it’s important to remind ourselves of what the role of business in a free society really is — and even more important, what it is not.

    Continue reading at The Wall Street Journal

  • Wichita Business Journal remodels, features Charles Koch interview

    Wichita Business Journal remodels, features Charles Koch interview

    wichita-business-journal-cover-2014-02-28The Wichita Business Journal has, it its own words, “reinvented” itself, and starts its new life with features on Koch Industries and an extended interview with Charles Koch.

    To get started, the weekly newspaper has made its complete digital edition available to read at no charge. Click here for access.

    The interview with Koch is wide-ranging, covering the business interests of Koch Industries and Koch’s political involvement, detailing his relationship with Americans for Prosperity. An example quote: “When you start attacking cronyism and people’s political interests, it gets nasty.”

  • Where’s Wichita’s water?

    Where’s Wichita’s water?

    Water faucetAs part of the Community Investments Plan process, citizens have told the City of Wichita they’re concerned about future water supply.

    Through both the mailed survey and direct feedback obtained in citizen forums, creating a reliable source of water was the top priority, according to city documents released this week.

    Those who have been paying attention might be surprised that there is a water crisis, and that citizens are concerned. That’s because when Bob Knight was mayor, he was told that Wichita had sufficient water for the next 50 years. That was about ten years ago.

    More recently, the city prepared a document last March titled Wichita Area Future Water Supply: A Model Program for Other Municipalities. It touts an expensive investment that is part of a “plan to ensure that Wichita has the water it needs through the year 2050 and beyond.”

    The project boasted of is the City of Wichita Aquifer Storage and Recovery Program or ASR. Its cost, so far for Phases I and II, is $247 million. Two more phases are contemplated.

    City of Wichita Aquifer Storage and Recovery Program schematic diagram.
    City of Wichita Aquifer Storage and Recovery Program schematic diagram.

    Reading the document, published just last spring, one might be led to believe that everything is fine, water-wise: “In 1993 the Wichita City Council adopted an Integrated Local Water Supply Plan that identified cost effective water resources that would be adequate to meet Wichita’s water supply needs through the year 2050.”

    But this month the Wichita Eagle reported “Wichita’s $240 million aquifer storage and recovery program — promoted to taxpayers in the early 1990s as a way to supply the city with water for 50 years — could soon be relegated to serving as a bit player in the city’s long-term water future.”

    Later in the same article, the newspaper reported “The ASR project has been plagued by problems, city officials said, including equipment failures and a significant drought that idled the project because of low water levels in the Little Arkansas River.”

    Despite this investment on nearly one-quarter billion dollars, and despite the plan’s boasts, Wichitans have been threatened with huge fines for excessive water usage. The Wichita City Council forced citizens to spend up to $1 million so that other people may install low-water usage appliances, and city decorative fountains were dry for a time in an effort to save water. Fortunately, not all the potential rebates were claimed.

    What went wrong? Where’s Wichita’s water?

    Last summer there was severe drought for a time, and it was easy to attribute Wichita’s water problems to that lack of rain. But that’s not the message we’re getting now.

    It appears that the plans the city made for a future water supply were not adequate, and the spending to implement the plan has been, largely, wasted.

  • As landlord, Wichita has a few issues

    As landlord, Wichita has a few issues

    Located across the street from the Transit Center, the city-owned garage on William Street suffers from maintenance issues that diminish its value for its intended use: retail space.
    Located across the street from the Transit Center, the city-owned garage on William Street suffers from maintenance issues that diminish its value for its intended use: retail space.

    Commercial retail space owned by the City of Wichita in a desirable downtown location was built to be rented. But most is vacant, and maintenance issues go unresolved.

    At one time it was thought that the Wichita city-owned parking structure in the 400 block of East William Street would house retail shops along the street. But the present state of the property should cause us to be wary of government economic development efforts.

    As reported by the Wichita Eagle twenty years ago on Wednesday, October 20, 1993:

    The council also approved a plan to spend about $76 a square foot to construct roughly 6,000 square feet of retail space on the first floor of the parking garage. The space would lease for an estimated $8.70 a square foot.

    Council member Sheldon Kamen questioned that part of the plan. ”I just can’t visualize spending $76 a square foot,” he said. “If I was a developer I wouldn’t spend $76 a square foot for retail space on William street.”

    Council member Joan Cole disagreed with Kamen, calling $8.70 a “very good price” that would attract tenants. ”It is my feeling there are small operations that would find this kind of small space very attractive,” she said.

    (Adjusted for inflation, these prices would be $122 and $14 today)

    What has been the results of the city’s venture into commercial real estate? As can be seen in this video from September, a Wichita city government office occupied some of the space, but the office had moved to another location. Now, Wichita Festivals occupies some of the space, but much is still empty.

    Rusted awnings near retail space in the city-owned garage on William Street in Wichita,
    Rusted awnings near retail space in the city-owned garage on William Street in Wichita,

    Inspecting the building last September, I found that this city-owned property had maintenance issues that might, in some circumstances, be considered as contributing to blight. As can be seen in the nearby photos taken this week (click them for larger versions), maintenance hasn’t improved in the nearly six months since then. Maybe that’s why there’s apparently little demand to rent this space.

    At the city-owned garage on William Street in Wichita, a duct tape repair is still in use after six months.
    At the city-owned garage on William Street in Wichita, a duct tape repair is still in use after six months.

    It’s not as though the building has many of advantages that city planners tell us are needed for a vital downtown Wichita. There are hundreds of state employees parking in the garage each workday. It’s adjacent to the block with the Eaton Hotel and the Wichita Downtown Development Corporation, the agency charged with promoting downtown. This retail space is right across the street from the city’s bus transit center. It’s also one block away from the Intrust Bank Arena, which was promoted as a driver of commerce and activity for the surrounding area. Its Walk Score — a measure promoted by city planners — is 71, which is deemed “Very Walkable.”

    Considering all the advantages this government-owned property has, it’s failing. It’s becoming blighted. The best thing the city could do is sell this property so that the benefits of markets and the profit-and-loss system can replace city bureaucrats.

  • In Wichita, citizens want more transparency in city government

    Wichita city hallIn a videographed meeting that is part of a comprehensive planning process, Wichitans openly question the process, repeatedly asking for an end to cronyism and secrecy at city hall.

    As part of the Wichita-Sedgwick County Comprehensive Plan, the City of Wichita held a number of focus groups meetings. Their purpose, according to city documents, was to provide “information on the components of the Plan and provide input on a draft survey.”

    (Some indication of the reverence given to the plan to city planners may be inferred by the city’s use of capitalization when referring to it.)

    The community meetings were structured in a way reminiscent of the Delphi method, described in Wikipedia as “a structured communication technique, originally developed as a systematic, interactive forecasting method which relies on a panel of experts.” Others have a more skeptical view, believing that the Delphi technique leads citizens to believe they have participated in community democratic decision-making when in reality, that is not the goal of the process.

    In October Americans for Prosperity-Kansas invited the city to hold a focus group meeting. Video from the meeting is below, or click here to view at YouTube.

    Dave Barber, who is Advanced Plans Manager at Wichita-Sedgwick County Metropolitan Area Planning Department, facilitated the meeting. Susan Estes of AFP was the meeting organizer and host. Mike Shatz is the videographer. His description of the meeting is “The City of Wichita is holding a series of meetings to gain input from the public on future spending plans. The meetings are based off a survey the city conducted, which, by all accounts, was full of loaded questions geared towards promoting the programs that city officials want to see. In this meeting, one of the first in the series, citizens openly question the process and repeatedly ask for an end to cronyism and secrecy at city hall.”