Category: Kansas state government

  • Kansas sales tax increase starts today

    Today Kansans will face an added tax burden on retail purchases, as the statewide sales tax rate goes up by one cent per dollar. Touted by its backers like Kansas Governor Mark Parkinson as a “one percent” increase in the tax, it is actually an increase of (6.3 – 5.3) / 5.3 = 18.9 percent.

    In some parts of the state, the combined rate will soar to over ten percent. The City of Lawrence is considering whether to require businesses to post signs advising — or warning– shoppers of the sales tax they’ll pay in stores.

    The debate over the sales tax and the harm it causes was fueled by two studies that were often viewed as competing with each other, but really didn’t. One looked at the harmful effects of the tax for just one year and concluded that while the sales tax would destroy private sector jobs, a reduction in state spending would cause even more harm. Naturally, tax and spending advocates latched on to this study.

    The other looked at a longer period of time and considered actual consumer response to increased taxes. It, not surprisingly, found that the sales tax would be very harmful.

    The first study, besides looking at just one year, also shows evidence of faulty thinking. This study, produced by Wichita State University professor John D. Wong, contains this paragraph in its conclusion:

    Second, the revenue enhancement scenario spreads the negative effects throughout the state, both geographically and across all 2.8 million residents. The effect on any individual and on any business is minor. In contrast, the spending reduction scenario severely affects a small number of state residents and businesses — state employees and those private-sector businesses that serve state employees and state government directly. The likelihood of a business failing under this scenario is much greater than in the tax increase scenario. A business failure will have a ripple effect across the economy.

    In this paragraph we can find several examples of faulty economic thinking.

    For example, as Kansas consumers will now have less discretionary income and may dine at restaurants less often, it’s possible that restaurants might close. More likely, however, the restaurant manager will find he doesn’t need as many employees to serve the diminished customer base, so a waiter loses his job.

    These job losses, affecting just one or two people at a time and spread across the state, won’t create a business failure, as Wong mentions. There won’t be newspaper or television stories. But for the people directly harmed, I’m sure they won’t view the effect as “minor,” as Wong writes.

    And Wong may have forgotten that each lost job produces a little ripple of its own.

    Furthermore, when these job losses are aggregated over the state, there will be an impact. How much? Well, the sales tax is estimated by Wong to bring in $350 million, so we can use that as an estimate of the amount of money Kansans don’t have to spend at their own direction and discretion anymore.

    (Wong notes that some of the sales tax will be paid by visitors to our state. Welcome to Kansas!)

    We also see in the paragraph one of the primary problems with government taxation and spending. John Stossel explains:

    The Public Choice school of economics calls this the problem of concentrated benefits and dispersed costs. Individual members of relatively small interest groups stand to gain huge rewards when they lobby for government favors, but each taxpayer will pay only a tiny portion of the cost of any particular program, making opposition pointless.

    In this case the special interest groups include school spending advocates and state government employees. They believed they were fighting for their jobs. School spending advocates believed they were fighting for the children, too. But we ought to step back and consider the value of some of these jobs, and whether the services provided — education, for example — couldn’t be better provided in the marketplace rather than by government.

    Also, we should note that school teachers and state government employees are represented by unions that spend millions advocating for their members each year. Waiters and others who will lose their jobs one at a time don’t have such representation.

    So we had the powerfully-motivated special interests on one side. Then we had Governor Parkinson telling us not to worry, that in Wichita people didn’t even notice the one cent per dollar sales tax used to pay for the Intrust Bank Arena.

    When you add in newspaper editorial writers like the Wichita Eagle’s Rhonda Holman, who today wrote that “No one relished raising sales taxes right now” and praised the arena sales tax, there you have the entire argument made.

    Despite Holman’s claim, many people salivated at the idea of an increased sales tax, or any other tax. The governor viewed the tax increase as his legacy.

    We also need to dismiss the claims of massive cuts to the Kansas budget. Recently Kansas Senate President Stephen Morris mentioned these, writing “… very difficult decisions were made to cut or reduce the $6 billion state budget by roughly $1.5 billion …”

    For most people, a cut of $1.5 billion from a $6 billion budget means the state will spend $4.5 billion. But the spending bill passed by the legislature calls for spending $5.6 billion in fiscal year 2011, which starts on July 1, 2010.

    Today the Eagle’s Holman makes a similar claim, mentioning “$1 billion in recent cuts to state services.”

    These “budget cut” numbers make sense only when you look at planned spending, not actual spending. Even then you have to add up these phantom cuts over a period of years to get to the claims of Parkinson, Morris, Holman and other big-government spending advocates.

    As the chart shows, actual spending has declined slightly, but is projected to rise during the fiscal year that starts today.

    Kansas general fund spending

    Over the years, we see that state spending in Kansas has risen rapidly, while at the same time our population in Kansas grows very slowly.

    For the sales tax and spending increases to make economic sense, you have to believe that state government can spend money more wisely than its people can. Given the special interest group fingerprints all over this budget, that’s not going to happen.

    What is the future of this sales tax? It’s scheduled to decline by 0.6 cents per dollar in three years, the remaining 0.4 cents per dollar to be used for transportation. But these taxes have a habit of failing to disappear on schedule. The supplemental note for the bill that last increased Kansas sales tax contains this: “The state sales and compensating (use) tax rate would be increased from 4.9 to 5.3 percent, effective June 1, 2002. The rates would then be reduced to 5.2 percent on June 1, 2004; and to 5.0 percent on June 1, 2005.”

    As of yesterday the sales tax was was still 5.3 percent. The two scheduled reductions never took place. Sometimes promises from the Legislature don’t mean very much.

  • For Kansas Senate President Stephen Morris, raising taxes is responsible

    Recently Kansas Senate President Stephen Morris wrote an op-ed which explained the Kansas Legislature’s reasoning for passing a one cent per dollar increase in the statewide sales tax effective July 1. His piece may be read at State of the State KS.

    Some of Morris’ curious reasoning can be seen right away. He writes “… very difficult decisions were made to cut or reduce the $6 billion state budget by roughly $1.5 billion …”

    For most people, a cut of $1.5 billion from a $6 billion budget means the state will spend $4.5 billion. But the spending bill passed by the legislature calls for spending $5.6 billion in fiscal year 2011, which starts on July 1, 2010.

    Right before writing this Morris complained that “you may hear a lot of misinformation about what actually happened in Topeka this year” and that he will “set the record straight.”

    So much for that.

    Following is a response to Morris from AFP’s Derrick Sontag.

    The recent letter to the editor submitted by Senate President Stephen Morris caught my attention. He claims passing the largest sales tax increase in Kansas history was the “only responsible way” to address the budget shortfall. A shortfall he blames on an “economic crisis.”

    It apparently escaped Mr. Morris’ mind that the legislature’s own non-partisan staff predicted back in May of 2007 (well before any economic downturn) the state budget would ultimately face a funding shortfall. It was at this time a group of fiscally responsible legislators pointed out state spending had increased by 40% in just a five year time period. A staggering clip that any reasonable person knew could not be sustained.

    Morris also failed to mention that the House Appropriations Committee proposed a budget that wasn’t contingent on passage of any kind of tax increase and actually increased spending for K-12 education.

    According to legislative staff, the 2012 budget is projected to be in the red by more than $200 million. Considering that Mr. Morris and his colleagues believe tax increases are the responsible way to address budget shortfalls we can probably expect this group to be advocating for more tax increases next year.

    The question is, which tax will they target next?

    Derrick Sontag is state director of Americans for Prosperity-Kansas. He lives in Topeka.

  • Kansas judicial retention election attracts attention

    Kansas Watchdog’s Earl Glynn reports on the fund-raising and politics surrounding Kansas Supreme Court Justice Carol A. Beier and the retention election she faces this year. Normally these judicial retention elections are not newsworthy, although perhaps they should be. This year’s retention election for Justice Beier, however, is attracting attention.

    What’s interesting to me is the state’s legal establishment rallying around a justice that it had an outsized role in selecting. Kansas University law professor Stephen J. Ware was researched and written extensively on how the method of judicial selection in Kansas concentrates power in the hands of the state’s lawyers: “Kansas is extreme — no other state gives the bar as much power.” See Kansas is at the undemocratic extreme in judicial selection for more about Ware’s work on this topic.

    Questions about new 527 PACs, $25,000 loan unanswered. Groups support Supreme Justice Beier?

    A political battle may be brewing over the retention of certain members of the Kansas Supreme Court in the November general election, and especially the retention of Justice Carol Beier.

    Two Wichita-based political action committees formed in recent months, but directors and donors are unwilling to answer questions, including one about a loan. One group spent nearly $25,000 more than it raised.

    Based on the political history of the donors and the vendors, the new PACs appear to be a response to the “Fire Beier” campaign announced in January by Kansans for Life.

    Continue reading at Questions about new 527 PACs, $25,000 loan unanswered. Groups support Supreme Justice Beier?

  • Kansas restrictive neighborhood covenants don’t apply to political yard signs

    It’s common for neighborhoods to have restrictive covenants that prohibit homeowners from placing any signs in their yard, except for signs advertising homes for sale. But a 2008 Kansas law overrides these restrictive covenants to allow for the placement of small political yard signs starting 45 days before an election.

    The bill was the product of then-Senator Phil Journey of Haysville. Journey is now a judge in the Kansas 18th Judicial District. The bill passed unanimously in both the Kansas House and Senate.

    According to the First Amendment Center, some 50 million people live in neighborhoods with homeowners associations. And laws like the 2008 Kansas law are not without controversy, despite the unanimous vote in the Kansas Legislature.

    While the U.S. Supreme Court has ruled that governmental entities like cities can’t stop homeowners from displaying political yard signs, a homeowners association is not government. Instead, it is a group that people voluntarily enter.

    Generally, when prospective homeowners purchase a home in a neighborhood with restrictive covenants, they are asked to sign a document pledging to comply with the provisions in the covenants. If those covenants prohibit political yard signs, but a Kansas law says these covenants do not apply, what should a homeowner do?

    In his monumental work For a New Liberty: The Libertarian Manifesto, Murray N. Rothbard argues that the right to free speech is not based on some “vague and wooly” concept that protects the “public interest,” such as prohibition of falsely crying “fire” in a theater. Instead, it should be based on property rights. (page 43)

    In the case of falsely crying “fire” in the theater, Rothbard argues that this act violates the contract between the theater owner and patrons to enjoy the presentation without interruption. It violates their property rights.

    While a homeowner certainly owns the yard in front of his house, he does so based on the voluntary agreements entered into, such as payment of an agreed-upon amount of money to the previous owner. Another agreement entered into is between the new homeowner and all the other homeowners in the neighborhood through the restrictive covenants.

    So if those restrictive covenants prohibit political yard signs, that restriction is something that has been mutually agreed to. It is part of the property rights that homeowners in the neighborhood enjoy. It cannot be violated without violating the property rights of those who bought their homes with the understanding that the covenants are part of the property they purchased.

    The Kansas statute

    K.S.A. 58-3820. Restrictive covenants; political yard signs; limitations. (a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days before an election and ending two days after the election is hereby declared to be against public policy and such provision shall be void and unenforceable.

    (b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.

    Or, as described in the 2008 Summary of Legislation: “The bill invalidates any provision of a restrictive covenant prohibiting the display of political yard signs, which are less than six square feet, 45 days before an election or two days after the election.”

    For the August 3rd primary election, the first day for signs in restricted neighborhoods is June 19th.

    For the general election on November 2, the first day for signs is September 18th.

  • Kansas Insurance Commissioner to address Pachyderms

    This Friday (June 25) candidate for the Republican party nomination for Kansas Insurance Commissioner Sandy Praeger will address members and guests of the Wichita Pachyderm Club. Her opponent for this nomination is David Powell. As no Democrat has filed for this position, the primary election is almost certain to determine who will be the next insurance commissioner.

    All are welcome to attend Wichita Pachyderm Club meetings. The program costs $10, which includes a delicious buffet lunch including salad, soup, two main dishes, and ice tea and coffee. The meeting starts at noon, although it’s recommended to arrive fifteen minutes early to get your lunch before the program starts.

    The Wichita Petroleum Club is on the ninth floor of the Bank of America Building at 100 N. Broadway (north side of Douglas between Topeka and Broadway) in Wichita, Kansas (click for a map and directions). You may park in the garage (enter west side of Broadway between Douglas and First Streets) and use the sky walk to enter the Bank of America building. The Petroleum Club will stamp your parking ticket and the fee will be only $1.00. Or, there is usually some metered and free street parking nearby.

  • For Payne, good news means opportunity delayed

    A candidate for the Republican party nomination for the Kansas House of Representatives from the 87th district is withdrawing from the race. But it’s really good news for Eric Payne and his family, as his wife is expecting triplets sometime in the fall.

    With the filing deadline being today, the Republican nomination appears to be uncontested, with realtor Joseph Scapa the apparent nominee.

    The 87th district is in east and southeast Wichita. Democrat Raj Goyle is the incumbent. He is not seeking re-election to this position, running for the Democratic Party nomination for United States Congress from the fourth district of Kansas instead. Om Chauhan has filed as a Democrat for the 87th district seat.

    Payne, 31, who works for a family business, appeared to be making a fast start in Kansas politics. On his most recent campaign finance report filed in January, Payne listed over $24,000 in contributions from many donors across Kansas and from out-of-state. He said he is refunding all contributions.

    In two public speaking events, Payne impressed the audience with both his political positions and delivery. My coverage of an appearance by Payne and Scapa is at Eric Payne, Joseph Scapa address county Republicans.

    Reacting to Payne’s withdrawal, Scapa said he wished the Payne family well, and that he’s looking forward to the campaign and winning in November.

  • Holland / Kultala ticket pairs two Kansas Senate liberals

    Today Kansas senator and gubernatorial candidate Tom Holland chose fellow senator Kelly Kultala of Kansas City as his lieutenant governor running mate.

    Earlier today Holland characterized the two candidates as “pragmatic and moderate.” Evidence from the candidate’s voting records is different, however. In the Kansas Economic Freedom Index for this year, Holland earned a score of zero, the only senator to do so. Kultala earned a score of seven percent, earning her a tie for 36th place among the 40 senators. She voted in favor of economic freedom only once.

    In a score card just released by the Kansas Chapter of Americans for Prosperity — an organization that promotes limited government and free markets on the local, state and federal levels — Holland again earned a score of zero percent. Kultala matched that “perfect” score.

  • Kansas agency websites: campaign flyers?

    Kansas state government agencies are headed by a mix of elected and appointed officials. After looking at the websites for agencies headed by elected officials, Kansans would be justified in asking if some are using their agency websites for campaign purposes.

    Of the four agencies (other than the governor and lieutenant governor) that are headed by officials who must seek statewide election, all use their agency’s website to get their name and photograph exposed to the public. The exception is recently-appointed Secretary of State Chris Biggs, whose photograph does not appear on the front page of his agency’s site.

    While it is important for Kansans to know who is heading state government agencies and how to contact them, there is a distinct difference between the website prominence of agency heads who are elected and those who are appointed. Only about one-third of the websites for agencies with appointed chief executives feature that person on the front page of the website. For agencies with elected chiefs, all — with one partial exception — feature the elected official, often prominently.

    While adding a photograph or even a video to a website doesn’t appreciably increase the cost of providing the service, this type of self-promotion must be considered a form of campaigning.

    Elected offices

    Kansas Secretary of State website, July 1, 2007The Kansas Secretary of State’s website on July 1, 2007, with Secretary Ron Thornburgh’s photograph.

    The page for the Kansas Secretary of State starts off with the message “Welcome … to Secretary of State Chris Biggs’ Web site.” Biggs was appointed to this position earlier this year and is running for re-election. Biggs’ photograph doesn’t appear on the front page. His predecessor, Ron Thornburgh, who ran for Kansas governor for a time in 2009 before bowing out in favor of Sam Brownback, had his photo featured prominently on the page.

    At the website for Kansas Attorney General, visitors are greeted by the headline “Attorney General Steve Six.” The font page holds a video message from Six and a welcome message. The site carries the message “Copyright 2007 – 2009 Attorney General Steve Six,” which might raise questions as to who the website and its content belongs to: Six or the people of Kansas. Six is running for re-election this year.

    The office of the Kansas Insurance Commission features the large headline “Kansas Insurance Commissioner Sandy Praeger” and her photograph. Praeger is running for re-election this year.

    The website for the Kansas State Treasurer features the large headline “Kansas State Treasurer Dennis McKinney” and his photograph. The front page of this website features another large photograph of McKinney. While McKinney has not filed for re-election this year, it is widely believed that he will do so.

    Appointed cabinet posts

    The Kansas Governor’s office identifies 15 cabinet posts. Some of these agencies, like the Department of Revenue and Department of Transportation are quite visible, while some are obscure. With one exception, the heads of these agencies are appointed by the governor. They do not run for re-election.

    Each of the 15 cabinet offices has a website. Of these, six have the agency’s commissioner or secretary featured on its front page. One of these six is the lieutenant governor, which differs from the others in that the lieutenant governor is not the head of an agency, and must run for office on a ticket with the gubernatorial candidate.

    At the Kansas Department of Revenue, there is no mention of Secretary Joan Wagnon on the agency’s front page. To find a page about her, readers must click on “About” and then on “Secretary of Revenue.”

    At the Office of the Kansas Securities Commissioner, there is no mention of Commissioner Marc Wilson on the agency’s front page except his mention in a list of news stories. Wilson was appointed to this office on May 25, with an effective date of June 7.

    The Kansas Department of Transportation is one of the state’s most visible agencies. Secretary Deb Miller’s name is not on the agency’s front page except for a mention in a list of news headlines. To get her page, readers must click on “About KDOT,” then “KDOT Leaders,” and then on “Deb Miller.”

    At the Kansas Department of Corrections there is a photograph of Secretary Roger Werholtz with a link to his biography page.

    At the Kansas Department of Health and Environment there is a photograph of Secretary Roderick L. Bremby near a welcome message at the top of the main page for the agency.

    The Kansas Department of Labor agency site makes no mention of Secretary Jim Garner except in a news story near the bottom of the page. Readers must click on the “About Us” link to find a link to Garner’s biography page.

    The Kansas Department of Social and Rehabilitation Services (SRS) agency website has no mention of Secretary Don Jordan on its front page. Readers muct click on “Agency Information,” the “Find out more,” and then “Executive Staff” to find mention of Jordan. That page contains just his name and telephone number. Using the agency’s search feature found no biography page for Jordan.

    The front page for the Kansas Department of Wildlife and Parks makes no mention of Secretary Mike Hayden. Clicking on “Site map,” then “About KDWP,” and then on “Executive Services” found no mention of Hayden. Using the agency’s search function for “Hayden” found a welcome message from him.

    The Adjutant General’s departmental site has a photograph of Maj Gen Tod M. Bunting along with a welcome message on its front page.

    The Kansas Department of Aging makes no mention of Secretary Martin Kennedy on its from page. Readrs must click on “About KDOA” and then on “Meet the Secretary” before finding Kennedy’s biography.

    At the Kansas Department of Commerce, Secretary Bill Thornton is mentioned on the agency’s front page. Users must click on “About us” before finding a link to Thornton’s biography page.

    The Kansas Juvenile Justice Authority agency website features a large photograph of Commissioner J. Russell “Russ” Jennings along with a link to his biography page.

    The Kansas Highway Patrol has no mention of Superintendent Colonel Terry Maple on its front page. Users must click on “About the KHP” and then on “Colonel’s Welcome” to find Maple’s photograph along with a welcome message, but no biography.

    Lieutenant Governor Troy Findley‘s front page holds his photograph and biography.

    The front page for the Kansas Department of Administration makes no mention of Secretary of Administration Duane Goossen. The “Contact Info” page lists many divisions of the agency with contact information and links. The “A – Z Subject Index” does not mention his name.

  • AFP Kansas legislative scorecards released

    The Kansas Chapter of Americans for Prosperity has released its legislative scorecards for the 2010 session of the Kansas Legislature. These scorecards rank members of the Kansas House and Senate by the way they voted on selected legislation and amendments.

    AFP’s scorecards use a different mix of votes than my Kansas Economic Freedom Index, although judging by just a quick glance, the results appear to be similar. Between the two tools Kansans should be able to get a good picture of where their representatives rank in terms of voting for issues of limited government, fiscal responsibility, and economic freedom.

    Past issues of AFP scorecards are available at Kansas legislative scorecards, rankings. Also see Kansas Economic Freedom Index.