Tag: Kansas legislature

Articles about the Kansas legislature, both the House of Representatives and the Senate.

  • WichitaLiberty.TV January 19, 2014

    In this episode of WichitaLiberty.TV: How much would you pay to visit the Wichita Art Museum? You might be surprised to learn how much each visit really costs. Then: A transparency agenda for Wichita city government and the Kansas Legislature. Finally, a look at public schools wasting money. Episode 28, broadcast January 19, 2014. View below, or click here to view at YouTube.

  • Kansas legislative documents

    Kansas Capitol

    As the Kansas Legislature begins its 2014 session today, citizens who want to keep track of the happenings have these resources available.

    Video and audio

    The Kansas Legislature doesn’t broadcast or archive video of its proceedings except in rare instances of committee hearings. Travis Perry of Kansas Watchdog reports on this issue in Camera shy: KS legislators sidestep transparency and Eye in the sky: Kansas legislative leader won’t require streaming video.

    Both the House and Senate broadcast audio of their proceedings. But you must listen live, as the broadcasts are not made available to the public in any other way. It would be exceedingly simple to make these past broadcasts available to the public. It could be done at no cost on YouTube, and at little cost at other sites specifically tailored to host audio. As a side benefit, at YouTube the recordings would be transcribed by machine, giving a rough transcript of the proceedings. (I use the adjective “rough,” as if you have viewed these transcripts, they vary widely in accuracy. But they still have value.)

    Broadcasting video of House and Senate proceedings would be a large step that would probably have a large cost. But archiving the audio and making it available provides nearly all the benefit of video, and at very little additional cost.

    Documents

    Kansas Legislative Research Department (KLRD) has many documents that are useful in understanding state government and the legislature. This agency’s home page is Kansas Legislative Research Department. Of particular interest:

    Kansas Legislative Briefing Book. This book’s audience is legislators, but anyone can benefit. The book has a chapter for major areas of state policy and legislation, giving history, background, and explanations of law. In some years the entire collection of material has been made available as a single pdf file, but not so this year. Contact information for the legislative analysts is made available in each chapter. The most recent version can be found on the Reports and Publications page. So far a version for 2014 is not available. (Update: The 2014 version is here.)

    Kansas Fiscal Facts. This book, in 124 pages (for 2011), provides “basic budgetary facts” to those without budgetary experience. It provides an overview of the budget, and then more information for each of the six branches of Kansas state government. There is a glossary and contact information for the fiscal analysts responsible for different areas of the budget. This document is updated each year. The most recent version can be found on the Reports and Publications page.

    Legislative Procedure in Kansas. This book of 236 pages holds the rules and explanations of how the Kansas Legislature works. It was last revised in November 2006, but the subject that is the content of this book changes slowly over the years. The direct link is Legislative Procedure in Kansas, November 2006.

    How a Bill Becomes Law. This is a one-page diagram of the legislative steps involved in passing laws. The direct link is How a Bill Becomes Law.

    Summary of Legislation. This document is created each year, and is invaluable in remembering what laws were passed each year. From its introduction: “This publication includes summaries of the legislation enacted by the 2011 Legislature. Not summarized are bills of a limited, local, technical, clarifying, or repealing nature, and bills that were vetoed (sustained).” 204 pages for 2011. The most recent version can be found on the Reports and Publications page.

    Legislative Highlights. This is a more compact version of the Summary of Legislation, providing the essentials of the legislative session in 12 pages for 2011. The most recent version can be found on the Reports and Publications page.

    Kansas Tax Facts. This book provides information on state and local taxes in Kansas. The most recent version can be found on the Revenue and Tax page.

    Kansas Statutes. The laws of our state. The current statutes can be found at the Revisor of Statutes page.

    Kansas Register. From the Kansas Secretary of State: “The Kansas Register is the official state newspaper. This publication provides a wide range of information such as proposed and adopted administrative regulations, new state laws, bond sales and redemptions, notice of open meetings, state contracts offered for bid, attorney general opinions, and many other public notices.” The Register is published each week, and may be found at Kansas Register.

  • Kansas schoolchildren shortchanged by Kansas City Star

    kansas-city-star-opinionAnother newspaper editorialist ignores the facts about Kansas schools. This is starting to be routine.

    In a collection of toasts and roasts, Kansas City Star columnist Steve Rose criticizes Kansas Governor Sam Brownback on a variety of fronts, especially on school funding:

    A ROAST to Kansas Gov. Sam Brownback, who led the charge for the most radical and irresponsible tax cuts in the history of Kansas and, perhaps, the entire country. One of the unfortunate victims of these cuts is education, both K-12 and higher education. The damage will be gradual, but it will be felt to be sure. Brownback says he is investing in more jobs. But he is dis-investing in education. What could be more vital to the Kansas economy and attracting businesses than a high quality educational system? (Roasts and toasts suitable for the new year, January 11, 2014)

    kansas-school-spending-per-student-2013-10-chart-01

    Dis-investing in education.: Nearby is a chart of Kansas school spending. It’s adjusted for inflation. Spending is not as high as it was at its peak, but claims of “slashing” or “dis-investing” don’t apply, either.

    Those who claim school spending is inadequate usually cite only base state aid per pupil, which has fallen. But it’s only the starting point for all the other spending. In totality, spending on schools in Kansas is over three times the level of base state aid. Also, comparisons are often made to what the Kansas Supreme Court said base state aid should be to its actual value. But the court doesn’t know how much should be spent on schools.

    Those who make claims of cutting schools should note this: Considering the entire state, two trends have emerged. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the student-teacher ratio has fallen. The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio to pupils has fallen.

    Kansas school employment

    I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts.

    Kansas school employment ratios

    Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee).

    What could be more vital to the Kansas economy and attracting businesses than a high quality educational system? Rose is right. Good schools are vital to our future. If only Kansas had them.

    The focus on school spending — that’s all writers like Rose write about — keeps attention away from some unfortunate and unpleasant facts about Kansas schools. Kansas needs to confront these facts for the sake of Kansas schoolchildren. Editorials like this are very harmful to Kansas schoolchildren, because if spending is increased, not much is likely to improve, but the public school establishment and editorialists like Steve Rose will say that everything that’s wrong has been fixed.

    Here’s what Kansas needs to confront. Regarding Kansas school performance, we have to confront two unpleasant realities. First, Kansas has set low standards for its schools, compared to other states. Then, when the Kansas Supreme Court ordered more spending in 2005, the state responded by lowering school standards further. Kansas school superintendents defend these standards.

    When referring to “strong public school system,” here’s what Kansans need to know. On the National Assessment of Educational Progress (NAEP), known as “The Nation’s Report Card.” Kansas ranks pretty high among the states on this test. It’s important, however, to examine the results from a few different angles to make sure we understand the entire situation. An illustrative video is available here.

    Kansas and National NAEP Scores, 2011, by Ethnicity and Race

    If we compare Kansas NAEP scores to those of Texas, we have what seems to be four contradictory statements, but each is true.

    • When considering all students: Kansas scores higher than Texas.
    • Hispanic students only: Kansas is roughly equal to Texas.
    • Black students only: Kansas scores below Texas.
    • White students only: Kansas scores below Texas in most cases.

    What explains this paradox is that the two states differ greatly in the proportion of students in ethnic groups. In Kansas, 69 percent of students are white. In Texas it’s 33 percent. This large difference in the composition of students is what makes it look like Kansas students perform better on the NAEP than Texas students.

    But looking at the scores for ethnic subgroups, which state would you say has the most desirable set of NAEP scores? It’s important to know that aggregated data can mask or hide underlying trends.

    Here’s a question for you: Have you heard Kansas school leaders talk about this? Do Steve Rose and the Kansas City Star editorial board know this?

  • Two legislative reforms that would benefit Kansans

    Kansas LegislatureFollowing is a letter to legislators from Kansas Representative John Rubin regarding two reforms to legislative procedure that, I believe, would improve the process. The first concerns granularity, that is, considering a group of bills (actually conference reports) with a single vote. The second simply asks that all non-trivial votes be recorded and made available to the public.

    As many of you know, I have always been and remain an ardent advocate of full transparency and accountability to the voters who have elected us to serve in the Legislature and to all the citizens of Kansas. I believe our oath of office demands no less. In my view, effective and responsible governance demands that we always cast informed votes, and that we always disclose to our constituents and all Kansans how we vote on the public policies that so profoundly affect their lives.

    In my mind, our longstanding legislative practices of bundling multiple bills in a single conference committee report for one vote under the Joint Rules, and of not recording our votes on bills, resolutions and amendments in the Committee of the Whole on General Orders under the House Rules, directly contravene our obligation to the people of Kansas to be fully informed on the matters on which we vote, and to be transparent in and accountable for our votes, factors critical to effective governance. Accordingly, I have drafted two resolutions amending the Joint Rules and House Rules, respectively, to correct these undemocratic legislative practices. I plan to prefile them the week before our 2014 session starts. I am asking for your support, and hopefully your co-sponsorship, of both.

    The first initiative, Revisor draft 14rs2664, is a Concurrent Resolution amending the Joint Rules to provide that a conference committee report (CCR) may contain only the bill being conferenced and all or part of one other bill that has passed either Chamber during the current biennium. As you know, current practice allows for an unlimited number of additional bills or parts of bills that have been passed by either Chamber to be added to the bill being conferenced, and we members have one vote on the entire CCR package on the floor. It is not unusual for as many as four, six, eight or more bills to be added to a conferenced bill in a CCR. Unless a member serves on the committee from which the bills have emanated — and perhaps not even then — the member has little if any opportunity to fully inform himself or herself of the contents, consequences or effects of the additional bills, particularly if the added bills did not originate in and were not debated in our Chamber, and particularly under the pressing time constraints we experience late in session, when most of these CCRs are considered. Accordingly, the likelihood that most members are even marginally well informed on the votes we are asked to east on these multi-bundled CCRs is slim. Worse, even if we do inform ourselves on all aspects of all bundled bills in such CCRs, we may well be of two minds regarding how to cast our one vote on it. For example, a member may fully support four of the bundled bills in an eight-bundle CCR because they square with the member’s principles and are, in his or her view, good public policy for the member’s constituents and all Kansans, and he or she may oppose the other four because they are not. In short, current practice virtually ensures that members often cast uninformed or unprincipled votes on much of the public policy contained in multi-bundled CCRs. That is no way to govern. Concurrent Resolution 14rs2664 will correct these irresponsible and undemocratic legislative deficiencies.

    If you support and wish to co-sponsor this anti-bundling Concurrent Resolution, please email Revisor Gordon Self at Gordon.Self@rs.ks.gov by January 6, 2014 and inform him of your intent to do so, referencing the Concurrent Resolution draft, 14rs2664. Your name will be added to the Concurrent Resolution as a co-sponsor prior to prefiling it the week of January 6, 2014.

    The second initiative, Revisor draft 14rs2668, is a House Resolution amending the House Rules to require that all House floor votes, whether in the Committee of the Whole on General Orders or on Final Action, shall be recorded votes. The only exceptions are for procedural votes such as on motions to recess or adjourn, motions to rise and report, or resolutions pertaining to commendations or acknowledgments. As you know, current practice on General Orders is that all votes on bills, resolutions and amendments are voice votes, or, on a division call, unrecorded electronic votes, absent a show of 15 hands requiring a roll call vote. Make no mistake — those “unrecorded” electronic division votes are in fact being recorded outside our chamber and in the House Gallery, by handwritten notes, camera phones directed to the closed circuit television screen, and otherwise, by government officials, lobbyists, and other political insiders vested in the outcomes of these votes. I believe that the citizens who sent us to Topeka should have the same access to these vote results that political insiders do. Moreover, all Kansans are, in my view, entitled to know how we vote on every public policy question put to us — in bills, amendments and resolutions — not just on Final Action, but preliminarily on General Orders as well — and are entitled to know whether, and ask why, we changed our vote on a measure between the Committee of the Whole vote one day, and Final Action on the same measure the next. I believe that our oath of office and our responsibility to be transparent in our votes and accountable to the people of Kansas for them require no less.

    If you support and wish to co-sponsor this House Resolution requiring that all substantive House floor votes be recorded, please email Revisor Gordon Self at Gordon.Self@rs.ks.gov by January 6, 2014 and inform him of your intent to do so, referencing the Concurrent Resolution draft, 14rs2668. Your name will be added to the Resolution as a co-sponsor prior to prefiling it the week of January 6, 2014.

    Thank you for your serious consideration and possible support of these two important resolutions promoting accountability and transparency in our work in the Kansas Legislature on behalf of the citizens of Kansas.

  • WichitaLiberty.TV January 12, 2014

    In this episode of WichitaLiberty.TV: A look at Wichita’s legislative agenda that the city will work for in the upcoming Kansas legislative session. Then: Wichita city leaders are likely to ask for higher taxes to pay for a new convention center. Is this a wise course for economic development? Episode 27, broadcast January 12, 2014. View below, or click here to view at YouTube.

  • New York Times on Kansas schools, again

    new-york-times-logoThe New York Times — again — intervenes in Kansas schools. As it did last October, the newspaper makes serious errors in its facts and recommendations.

    An op-ed in the New York Times is being used by the Kansas public school spending establishment as evidence for the need to increase school spending in Kansas. (What’s the Matter With Kansas’ Schools?, January 8, 2014) The authors are David Sciarra, the executive director of the Education Law Center, and Wade Henderson, president and chief executive of the Leadership Conference on Civil and Human Rights.

    Before Kansas schoolchildren celebrate that the nation’s newspaper of record has taken up their case, let’s examine some of the claims and reasoning used by these authors.

    kansas-school-spending-per-student-2013-10-chart-01

    The op-ed makes this claim: “Overall, the Legislature slashed public education funding to 16.5 percent below the 2008 level.” Claims like this look only at base state aid per pupil funding, which is just part of total spending. Total state aid per pupil this past school year was $6,984. Base state aid per pupil was $3,838. Total state spending, therefore, was 1.82 times base state aid.

    It’s important to consider the totality of spending and not just base state aid. It’s important because total spending is so much greater than base state aid. Also, total spending accounts for some of the difficulties and expenses that schools cite when asking for higher spending. For example, advocates for higher school spending often point to non-English speaking students and at-risk students as being expensive to educate. In recognition of this, the Kansas school finance formula makes allowances for this. According to the Kansas Legislator Briefing Book for 2013, the weighting for “full-time equivalent enrollment in bilingual education programs” is 0.395. This means that for each such student a school district has, an additional 39.5 percent over base state aid is given to the district.

    For at-risk pupils, the weighting is 0.456. At risk students, according to the briefing book, “are determined on the basis of at-risk factors determined by the school district board of education and not by virtue of eligibility for free meals.” Taken together, bilingual students considered to be at-risk generate an additional 85.1 percent of base state aid to be sent to the district, per student.

    The decline in base state aid per pupil is a convenient fact for public school spending boosters. They can use a statistic that contains a grain of truth in order to whip up concern over inadequate school spending. They can cite this as an argument for increasing spending, even though spending has been rising.

    Further, citing only base state aid reduces “sticker shock.” Most people are surprised to learn that our schools spend $12,781 per student. It’s much easier to tell taxpayers that only $3,838 was spent. But that’s not a complete picture, not by far. For more on this, see Kansas school spending holding steady and Kansas school spending, by district.

    The Times op-ed also states “Class sizes have increased, teachers and staff members have been laid off.” But statistics show that school employment has rebounded, both in terms of absolute numbers of teachers and certified employees, and also in the ratios of students to these employees. This video explains.

    The story is not the same in every district. But considering the entire state, two trends emerge. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the student-teacher ratio has fallen. The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio to pupils has fallen.

    Kansas school employment

    I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts.

    Kansas school employment ratios

    Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee).

    The Times continues: “The judges also found that the Legislature was not meeting even the basic funding amounts set in its own education cost studies.” We shouldn’t rely on these documents. See Suitable education in Kansas. The primary study that Kansas relies upon is defective in this way, according to testimony from Kansas Policy Institute: “Augenblick & Myers (A&M) openly admitted that they deliberately deviated from their own Successful Schools methodology and delivered artificially high spending numbers by ignoring efficient use of taxpayer money. Amazingly, the Montoy courts still based their rulings on ‘evidence’ that was known to be worthless. And now the Shawnee County District Court is following that legal precedent in its ruling on Gannon.

    The Times also writes “A victory for the parents would be heartening” and “Kansans rightfully take pride in their strong public school system.”

    Talking about school spending is easy, although the Times, like most Kansas newspapers, doesn’t tell its readers the full story on spending. Advocating for more spending is easy. It’s easy because the Kansas Constitution says the state must spend on schools, parents want more spending, teachers want it, public employee unions want it. It’s easy to want more spending on schools because anyone who doesn’t is branded as anti-child, anti-education, anti-human.

    But the focus on school spending lets the Kansas public school establishment off the hook too easily. Any and all shortcomings of Kansas schools can be blamed on inadequate funding, and that’s what happens.

    The focus on school spending also keeps attention away from some unfortunate and unpleasant facts about Kansas schools that the establishment would rather not talk about. Kansas needs to confront these facts for the sake of Kansas schoolchildren. Editorials like this in the New York Times are very harmful to Kansas schoolchildren, because if the editorial’s recommendation is taken, not much is likely to improve, but the public school establishment will say that everything that’s wrong has been fixed.

    Here’s what Kansas needs to confront. Regarding Kansas school performance, we have to confront two unpleasant realities. First, Kansas has set low standards for its schools, compared to other states. Then, when the Kansas Supreme Court ordered more spending in 2005, the state responded by lowering school standards further. Kansas school superintendents defend these standards.

    When referring to “strong public school system,” here’s what Kansans need to know. On the National Assessment of Educational Progress (NAEP), known as “The Nation’s Report Card.” Kansas ranks pretty high among the states on this test. It’s important, however, to examine the results from a few different angles to make sure we understand the entire situation. An illustrative video is available here.

    Kansas and National NAEP Scores, 2011, by Ethnicity and Race

    If we compare Kansas NAEP scores to those of Texas, we have what seems to be four contradictory statements, but each is true.

    • When considering all students: Kansas scores higher than Texas.
    • Hispanic students only: Kansas is roughly equal to Texas.
    • Black students only: Kansas scores below Texas.
    • White students only: Kansas scores below Texas in most cases.

    What explains this paradox is that the two states differ greatly in the proportion of students in ethnic groups. In Kansas, 69 percent of students are white. In Texas it’s 33 percent. This large difference in the composition of students is what makes it look like Kansas students perform better on the NAEP than Texas students.

    But looking at the scores for ethnic subgroups, which state would you say has the most desirable set of NAEP scores? It’s important to know that aggregated data can mask or hide underlying trends.

    Here’s a question for you: Have you heard Kansas school leaders talk about this? Does the New York Times editorial board know this?

  • A transparency agenda for Wichita

    Wichita City HallKansas has a weak open records law, and Wichita doesn’t want to follow the law, as weak as it is. But with a simple change of attitude towards open government and citizens’ right to know, Wichita could live up to the goals its leaders have set.

    The City of Wichita is proud to be an open and transparent governmental agency, its officials say. Wichita Mayor Carl Brewer often speaks in favor of government transparency. For example, in his State of the City address for 2011, he listed as an important goal for the city this: “And we must provide transparency in all that we do.” When the city received an award for transparency in 2013, a city news release quoted Wichita City Manager Robert Layton:

    “The City Council has stressed the importance of transparency for this organization,” City Manager Robert Layton said. “We’re honored to receive a Sunny Award and we will continue to empower and engage citizens by providing information necessary to keep them informed on the actions their government is taking on their behalf.”

    Wichita logic open records
    But when we look at some specific areas of government transparency, we find that the city’s efforts are deficient. Below are a few areas in which the city could improve. Much more is available here: Open government in Kansas

    The Kansas Open Records Act (KORA), in KSA 45-216 (a) states: “It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.

    In reality, Kansas has a weak open records law. Wichita doesn’t want to follow the law, as weak as it is. But with a simple change of attitude towards open government and citizens’ right to know, Wichita could live up to the goals its leaders have set.

    Attitude

    Citizen watchdogs need access to records and data. The City of Wichita, however, has created several not-for-profit organizations that are controlled by the city and largely funded by tax money. The three I am concerned with are the Wichita Downtown Development Corporation, Go Wichita Convention and Visitors Bureau, and Greater Wichita Economic Development Coalition.

    I have asked each organization for checkbook-level spending data. Each has refused to comply, using the reasoning that they are not “public agencies” as defined in the Kansas Open Records Act. But consider the WDDC: In every year but one, its percent of revenue derived from taxes is well over 90 percent. In many years the only income WDDC received was from taxes and a small amount of interest earned. Click here to see how much of WDDC’s revenue comes from taxes.

    The Wichita city attorney backs these organizations and their interpretation of the law. So do almost all city council members. After 14 months investigating this matter, the Sedgwick County District Attorney agreed with the city’s position. (Click here to read the determination.) The only course of action open to me as a citizen watchdog is to raise thousands of dollars to fund a lawsuit.

    There is one other course of action, however. That is, these agencies and the city could fulfill the records requests that I have made. These agencies believe the law doesn’t require them to release the records, but the law does not prohibit or restrict releasing the records. They could fulfill requests if they wanted to, which goes back to the attitude of the city. For more, see Wichita, again, fails at open government.

    Citizen watchdogs and others need the ability to examine the spending of tax money. When government creates quasi-governmental bodies that are almost totally funded through taxes and then refuses to disclose how that money is spent, we have to wonder why the city doesn’t want citizens to know how this money is spent.

    An example of why this is important is the case of Mike Howerter, a trustee of Labette Community College in Parsons. He noticed that a check number was missing from a register. Upon his inquiry, it was revealed that the missing check was used to reimburse the college president for a political campaign contribution. While the college president committed no violation by making this political contribution using college funds, this is an example of the type of information that citizens may want regarding the way public funds are spent.

    Website

    The most important way governments can communicate with their subjects is through their websites. Wichita moved to a new website early in 2013. While the former website had its share of problems — such as a search feature that didn’t work very well — the new website has been a step backwards.

    For example, it appears that for citizen review boards like the Metropolitan Area Planning Commission and Historic Preservation Board, agendas and minutes prior to 2012 did not survive the conversion to the new website. Other documents that were previously available but appear to be missing after the conversion include the daily arrest reports. It appears that only a few years of past budgets are available, but the comprehensive annual financial reports are available for about ten years back. (If I missed any documents that are actually available, I apologize. But the fact that I couldn’t find them is its own problem.)

    The prior website had a service called “MyWichita.” This was a very useful service. After registration, citizens could see a list of documents and check the types of documents for which they’d like to receive notification when newly available, such as meeting agenda and minutes. This email reminder service was very valuable. It didn’t survive the conversion to the new website, and there’s nothing new to replace its function.

    The search feature on the new website is better than on the old. But there is a curious twist to the new search: It gives different results depending on the starting page. This could be a potentially useful feature if users were made aware of it. For example, if the user is currently viewing the Finance Department web page and starts a search, the system could give the user a choice of search just the Finance Department, or all of the website. Presently, it appears that the search would be confined to just the Finance Department, and users could easily conclude that documents they searched for don’t exist, when in fact they do.

    Most new websites in recent years will adapt so they are usable from mobile devices like smartphones. Not so with the new Wichita website.

    Spending data

    Many governmental agencies post their checkbooks on their websites. Sedgwick County does, and also the Wichita school district. Not so the City of Wichita.

    wichita-checkbook-register-example
    Even after asking for checkbook spending data, Wichita can supply data of only limited utility. What was supplied to me was data in pdf form, and as images, not text. It would be difficult and beyond the capability of most citizens to translate the data to useful format. Even if someone translated the reports to computer-readable format, I don’t think it would be very useful. This is a serious defect in the city’s transparency efforts.

    Legal notices

    Kansas law requires that local government agencies publish legal notices for a variety of topics. Presently these are published in the Wichita Eagle at great cost to taxpayers. These notices could also be published on the city’s website, where they could be searched and archived. This would increase the usability of these documents at very little cost to the city.

    Publish requests

    When governmental agencies like the City of Wichita fulfill records requests, they could also publish the records on their websites. Most of the time the records are supplied electronically, so this is an additional simple (and low cost) step that would leverage the value of the city’s effort.

    Leveraging our lobbyists

    What do lobbyists, including taxpayer-funded lobbyists, do in Topeka? One thing they do is testify before committees, in both verbal and written form. Another thing they do is to prepare reports for the clients, advising them on upcoming legislation, analyzing how it affects them, and what the prospects for the bill might be. They also meet with legislators and their clients, which are your elected officials.

    Here’s a proposal that will help citizens make best use of their taxpayer-funded lobbyists:

    I see nothing in the Kansas Open Records Act that allows local governmental units in Kansas to refuse to disclose these documents: testimony, reports by lobbyists to their government clients, and the lobbyists’ calendars (or billing records for contract lobbyists). Instead of making citizens ask for these records, possibly paying fees to obtain what they’re already paying for, why don’t local governments post these documents immediately on their websites?

    Citizens could then benefit from the activities of the lobbyists they’re paying for. They could learn more about legislation as it works its way through the process. Citizens could judge whether the positions taken by the government lobbyists they’re paying for are aligned with their policy preferences.

    If the actions taken by taxpayer-funded lobbyists are truly in the public interest, you’d think that cities, counties, and school boards would already be making this information easily available. In any case, there should be no resistance to starting this program.

  • Kansas education topic on ‘This Week in Kansas’

    school-homeworkKansas education issues were a topic on a recent segment of KAKE TV “This Week in Kansas.”

    Opening the show, Representative Jim Ward made a small but potentially consequential mistake when he said the “legislature has violated their constitutional duty to provide for an adequate or sufficient education.”

    The Kansas Constitution actually says this in Article 6, Section 6(b): “The legislature shall make suitable provision for finance of the educational interests of the state.”

    It’s too bad that the Kansas Constitution doesn’t mandate that the state provide an “adequate or sufficient” education, as that would provide the basis for a lawsuit that would actually — potentially — benefit Kansas schoolchildren.

    The performance of Kansas schools that the education establishment touts wilts when examined under a statistical microscope. If we compare Kansas NAEP scores to those of Texas, we have what seems to be four contradictory statements, but each is true.

    • When considering all students: Kansas scores higher than Texas.
    • Hispanic students only: Kansas is roughly equal to Texas.
    • Black students only: Kansas scores below Texas.
    • White students only: Kansas scores below Texas in most cases.

    (For more on this, see Kansas school test scores, in perspective.)

    Furthermore — and this is important considering the significance given to the current school finance lawsuit: At a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its already low standards for schools.

    That is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales. NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.

    The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained in Kansas school standards and other states, Kansas standards are relatively low, compared to other states. This video explains.

    Sample conclusions of this analysis for Kansas include:

    “Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

    Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

    In other words, NCES judged that Kansas weakened its standards for reading performance.

    Mark Tallman of Kansas Association of School Boards also appeared. His focus is primarily on spending, but also makes the same mistakes when citing the performance of Kansas schools.

  • Wichita’s legislative agenda favors government, not citizens

    Wichita’s legislative agenda favors government, not citizens

    city-council-chambers-sign-smallThis week the Wichita City Council will consider its legislative agenda. This document contains many items that are contrary to economic freedom, capitalism, limited government, and individual liberty. Yet, Wichitans pay taxes to have someone in Topeka promote this agenda. I’ve excerpted the document here, and following are some of the most problematic items.

    Agenda: Existing economic development tools are essential for the continued growth and prosperity of our community.

    First. The premise of this item is incorrect. We don’t have growth and prosperity in Wichita. Compared to a broad group of peer metropolitan areas, Wichita performs very poorly. See For Wichita’s economic development machinery, failure for details.

    Second: In general, these incentives don’t work to increase prosperity. Click here for a summary of the peer-reviewed academic research that examines the local impact of targeted tax incentives from an empirical point of view. “Peer-reviewed” means these studies were stripped of identification of authorship and then subjected to critique by other economists, and were able to pass that review.

    Third: Wichita leaders often complain that Wichita doesn’t have enough “tools in the toolbox” to compete effectively in economic development. The city’s document lists the tools the city wants the legislature to protect:

    • GWEDC/GO WICHITA: Support existing statutory records exemptions
    • Industrial Revenue Bond tax abatements (IRBX)
    • Economic Development Exemptions (EDX)
    • Tax Increment Financing (TIF)
    • Sales Tax Revenue (STAR) Bonds
    • Community Improvement Districts (CID)
    • Neighborhood Revitalization Area (NRA) tax rebates
    • Special Assessment financing for neighborhood infrastructure projects, facade improvements and abatement of asbestos and lead-based paint.
    • State Historic Preservation Tax Credits (HPTC)
    • State administration of federal Low Income Housing Tax Credits (LIHTC)
    • High Performance Incentive Program (HPIP) tax credits
    • Investments in Major Projects and Comprehensive Training (IMPACT) grants
    • Promoting Employment Across Kansas (PEAK) program
    • Economic Revitalization and Reinvestment Act bonding for major aviation and wind energy projects
    • Kansas Industrial Training (KIT) and Kansas Industrial Retraining (KIR) grants
    • Network Kansas tax credit funding
    • State support for Innovation Commercialization Centers in Commerce Department budget

    That’s quite a list of incentive programs. Some of these are so valuable that Kansas business leaders told the governor that they value these incentives more than they would value elimination of the state corporate income tax.

    Agenda: GWEDC/GO WICHITA: Support existing statutory records exemptions

    This may refer to the city wanting to prevent these agencies from having to fulfill records requests under the Kansas Open Records Act. (If so, I wonder why the Wichita Downtown Development Corporation was left off.) City leaders say Wichita has an open and transparent government. But Kansas has a weak records law, and Wichita doesn’t want to follow the law, as weak as it is. This is an insult to citizens who are not able to access how their taxes are spent. For more on this issue, see Open Records in Kansas.

    Agenda: The Wichita City Council opposes any legislative attempts to restrict the taxing and spending authority of local governments.

    As Wichita city leaders prepare to ask for a higher sales tax rate in Wichita, we can hope that the legislature will save us from ourselves. At best, we can hope that the legislature requires that all tax rate increases be put to popular vote.

    Agenda: The Wichita City Council opposes any restrictions on the use of state and/or local public monies to provide information to our citizens and to advocate on their behalf.

    This is the taxpayer-funded lobbying issue. As you can see in this document, many of the things that Wichita city leaders believe people want, or believe that will be good for their constituents, are actually harmful. Additionally, many of the methods the city uses to engage citizens to determine their needs are faulty. See In Wichita, there’s no option for dissent for an example. Also, see Wichita survey questions based on false premises.

    Agenda: The Wichita City Council supports the current framework for local elections, continuing the current February/April schedule of local primary and general elections, as well as the local option allowing non-partisan elections.

    The present system of non-partisan elections held in the spring results in low voter turnout that lets special interest groups exercise greater influence than would be likely in fall elections. See my legislative testimony in Kansas spring elections should be moved.

    Agenda: The Wichita City Council supports the development of appropriate state and local incentives to nurture and preserve arts activity throughout the City of Wichita and the State of Kansas.

    Translation: The city knows better than you how to provide for your entertainment and cultural edification, and will continue to tax you for your own benefit.

    Agenda: Public support and awareness of the possibility of passenger rail service connecting Oklahoma City and Wichita/Newton has grown over the past two years.

    I’m not sure where the claim of public support and awareness growing comes from, but people are definitely not informed about the economics of passenger rail. In 2010, when the state rolled out several plans for this passenger rail service link, I reported as follows:

    Expansion of rail service in Kansas is controversial, at least to some people, in that any form of rail service requires taxpayer involvement to pay for the service. First, taxpayer funding is required to pay for the start-up costs for the service. There are four alternatives being presented for rail service expansion in Kansas, and the start-up costs range from $156 million up to $479 million.

    After this, taxpayer subsidies will be required every year to pay for the ongoing operational costs of providing passenger rail service. The four alternatives would require an annual operating subsidy ranging from $2.1 million up to $6.1 million. Taking the operating subsidy and dividing by the estimated number of passengers for each alternative, the per-passenger subsidy ranges from $35 up to $97 for every passenger who uses the service.

    It would be one thing if tickets sales and other revenue sources such as sale of food and beverage paid for most of the cost of providing passenger rail service, and taxpayers were being asked to provide a little boost to get the service started and keep it running until it can sustain itself. But that’s not the case. Taxpayers are being asked to fully fund the start-up costs. Then, they’re expected to pay the majority of ongoing expenses, apparently forever.

    Also, in Amtrak, taxpayer burden, should not be expanded in Kansas I reported on the Heartland Flyer route specifically. This is from 2010, but I doubt much has changed since then.

    For the Heartland Flyer route, which runs from Fort Worth to Oklahoma, and is proposed by taxpayer-funded rail supporters to extend into Kansas through Wichita and Kansas City, we find these statistics about the finances of this operation:

    Amtrak reports a profit/loss per passenger mile on this route of $-.02, meaning that each passenger, per mile traveled, resulted in a loss of two cents. Taxpayers pay for that.

    But this number, as bad as it is, is totally misleading. Subsidyscope calculated a different number. This number, unlike the numbers Amrak publishes, includes depreciation, ancillary businesses and overhead costs — the types of costs that private sector businesses bear and report. When these costs are included, the Heartland Flyer route results in a loss of 13 cents per passenger mile, or a loss of $26.76 per passenger for the trip from Fort Worth to Oklahoma City.

    Asking the taxpayers of Wichita to pay subsidies each time someone boards an Amtrak train: This doesn’t sound like economic development, much less a program that people living in a free society should be forced to fund.