Voice For Liberty

Tag: Kansas legislature

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

  • Kansas and Wichita quick takes: Tuesday October 26, 2010

    Karl Rove. “Former George W. Bush aide Matt Latimer was there to observe the dealings of Karl Rove during the previous administration, and he writes that there’s no secret why most conservatives have now come to view Rove as a fraud. Latimer says that Rove has become symbolic of a GOP establishment that’s known for its utter betrayal and ruin of the Party that Reagan had left so strong. Now that his secret is out, Rove’s influence will only continue to diminish as time goes on and the Tea Parties take over.” A fascinating look at the legacy of Rove, and illustrates the tension between the tea party and the Republican establishment. From Karl Rove’s Flameout.

    Waiting for Superman. The Kansas Policy Institute will host a free screening of Waiting for Superman on Thursday November 4th. Of the film, the Wall Street Journal wrote: “The new film ‘Waiting for ‘Superman’” is getting good reviews for its portrayal of children seeking alternatives to dreadful public schools, and to judge by the film’s opponents it is having an impact. Witness the scene on a recent Friday night in front of a Loews multiplex in New York City, where some 50 protestors blasted the film as propaganda for charter schools.” In Kansas, the Wichita Eagle printed an op-ed penned by the education bureaucracy status quo — Sharon Hartin Iorio, dean of the Wichita State University College of Education in this case — to inoculate Wichitans against the effects of what I am told is a powerful film. Let’s hope this film gets Kansans to thinking about public schools in our state, as Kansas is way behind the curve on innovation, compared to other states. The film will be shown at 7:00pm at the Warren Theatre East (11611 E. 13th St.). KPI asks that you RSVP by Tuesday, November 2 to James Franko at james.franko@kansaspolicy.org. Space is limited.

    Brownback at Wichita Pachyderm. Friday’s meeting of the Wichita Pachyderm club will feature United States Senator and candidate for Kansas governor Sam Brownback. The public is welcome at Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club.

    Right to work = economic growth. In The Daily Caller, Emporia State University’s Greg Schneider looks at the history of unions in America and right-to-work laws. The number of union jobs has declined as unionized companies became less competitive, not because of right-to-work laws.

    Kansas private sector loses jobs, government grows. “Roughly 7,600 private sector jobs in Kansas disappeared from August to September, while government jobs grew by 21,000 over the same time period.” Most of the government jobs were in schools, writes Rachel Whitten in the Kansas Reporter.

    Tea Party plans to exert influence. As newly-elected members of Congress arrive in Washington to assume their seats, a tea party group plans to lay down expectations. “The meeting of newly elected officials, the date of which hasn’t been set, is designed to keep new representatives connected to ‘what we expect from them,’ according to the memo. Incumbent Republican members of Congress and the party’s national leadership won’t be invited, said Mark Meckler, co-founder of the Tea Party Patriots, in an interview. ‘The incumbents have allowed us to get into the problems we are in now,’ he said. ‘We hope to get to the freshmen before the incumbents get to them, and start twisting their arms.”” The full story in the Wall Street Journal is Group Plans to Keep Pressure on Newly Elected Conservatives. There is definitely conflict between the Tea Party and the Republican Establishment.

    Goyle numbers explained by rats and cats. Candidate for U.S. Congress from the Kansas fourth district Raj Goyle says he has voted with Republicans in the Kansas House of Representatives 80 percent of the time. While a detailed analysis of the votes would be difficult and time-consuming, the majority of measures voted on by legislatures pass nearly unanimously — the so-called “rats and cats” bills. The important cases this year where Goyle voted against his party — the big-spending budget and the statewide sales tax increase — represent either a genuine change in Goyle’s political philosophy, or election-year window dressing. Voters have to make the call.

    Holland claim doubted. In an interview with the Dodge City Daily Globe, Kansas governor hopeful Democrat Tom Holland said “Now I have a proven track record in the Kansas Legislature of reaching across the aisle and working with Republicans.” Evidence, however, points the other way. In the Kansas Economic Freedom Index for this year, Holland is the only Kansas Senator that earned a score of 0 percent. KEFI is not designed to group legislators into Republican or Democratic camps, but Holland ranks alone at the extreme end of the spectrum — voting against economic freedom in all cases.

    Arts in Wichita promoted. Today John D’Angelo, manager of Wichita’s Division of Arts and Cultural Services, contributes a piece to the Wichita Eagle titled How can Wichita sustain, grow arts sector? The answer to this question is: reduce government involvement in the arts, first by abolishing Mr. D’Angelo’s department and city taxation for spending on the arts. This will force arts organizations to meet the demands of consumers as expressed in free markets. Currently, a board of cronies dishes out tax money to arts organizations using political rather than market criteria. This process lets these organizations exists by appealing to Wichita’s cultural elites, rather than the broad market. See Government Art in Wichita. Economic fallacy supports arts in Wichita provides background to D’Angelo’s claim of the economic benefit of the arts, at least government spending on arts.

  • Kansas restrictive covenants eased regarding 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. Still, residents of covenant neighborhoods may want to observe their neighborhood’s restrictions, even though they are not valid.

    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.

    Practically: Should you display signs in your yard?

    While Kansas law makes it legal for those living in communities with covenants that prohibit political yard signs, residents may want to observe these convents. Here’s why: If neighbors are not aware of this new Kansas law and therefore still believe that the yard signs are not allowed in your neighborhood, that may cause them to think badly of those with yard signs, and by extension, the candidates that are being promoted.

    Yes, these people who believe the covenants against yard signs are still valid are misinformed, but they vote, too. Whether to display yard signs in a covenant neighborhood is a judgment that each person will have to make for themselves.

    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.”

  • Kansas business climate: not good

    On this week’s episode of the KAKE Television public affairs program “This Week in Kansas,” Kansas Policy Institute Dave Trabert told host Tim Brown that Kansas tax policy is creating a poor environment for business. “Kansas is becoming increasingly a difficult place to do business,” Trabert said.

    Kansas needs to look at its economic development strategy, he added, to create a system where everyone — small and large business — has an equal opportunity to succeed.

    Brown noted that during this year’s session of the Kansas legislature, the consensus was that taxes — the sales tax in particular — had to be increased. Trabert said the tax increase didn’t have to happen: “Kansas is the only state in our region that took that route. Every other state around us found ways to balance their budget without raising taxes.”

    Trabert also noted that the legislature had two studies that showed a tax increase would cost jobs. Asked by Brown about about the claim that services would have to have been cut if taxes weren’t increased, Trabert said that wasn’t the case. The budget that was passed increased spending by over $200 million. This increase in spending adds to the tax burden in Kansas.

    Regarding the possibility of Hawker Beechcraft moving to Louisiana, Trabert said that state has a top corporate and personal marginal income tax rate that’s about half of that in Kansas. Low tax burden states perform much better than high-tax burden states in private-sector job growth, he said. Low-tax burden states have weathered the recession better, too.

    Trabert also mentioned the out-migration from Kansas, an “early warning signal” that he said has been largely ignored. High-tax burden states are losing population to low-tax burden states. Kansas has lost population due to domestic migration for 11 straight years, he said.

    David Allen Seaton, President of the Winfield Courier newspaper, was part of the panel. He mentioned the split between the Kansas Chamber of Commerce and local chambers of commerce. Local chambers were in favor of more taxes and spending, while the Kansas Chamber strongly opposed it. Seaton’s argument was that the services that government provides — education, Medicare, prisons — is as important to the economic climate as the tax burden. Trabert answered that the choice is presented as either/or: “Either we have to raise revenue, or we have to cut the services we want.” Trabert said we should look to provide services at lower cost.

    An example Trabert provided is the audits of a handful of Kansas school districts, which uncovered ways the districts could save money. He also said that the budget being worked on for next year spends $1 billion more than five or six years ago.

    Testimony presented to Kansas Legislative Committee

    In September Trabert presented testimony to a special committee of the Kansas Legislature. His testimony, which may be read here, provides more detail about the differences in the economies of high-tax burden states as compared to low-tax burden states. On why the low-tax burden states perform better, Trabert wrote: “Both performance comparisons (private sector job growth and domestic migration) make perfect sense. Given the means and opportunity, we all tend to gravitate toward what we perceive to be the best ‘deal.’ Human and financial capital is no different; it will go where it is treated the best. People want to retain more of their earnings and states with the lowest state and local tax burdens let them keep more of their hard?earned money to spend as they wish.”

    According to Trabert’s testimony, the Tax Foundation ranks Kansas as having the 21st highest state and local tax burden in the country. But this is likely to change, as Kansas increased taxes this year, and our neighboring states did not.

    Trabert notes a discrepancy in the definition of the term “income” that may lead some to conclude that the tax burden in Kansas is not rising: “The Kansas Legislative Research Division (KLRD) says [the tax burden is not rising], but they are using the federal government definition of personal income to calculate the tax burden. The problem is that that definition includes money in ‘income’ that is not available to pay taxes, such as employer contributions toward pension funds, health insurance, social security and Medicare. … Over the ten year period ending June 30, 2009, income available to pay taxes went up 38% but state and local taxes shot up 59%, resulting in a significant jump in the tax burden.”

    Trabert recommends that Kansas gradually eliminate both the personal and corporate income tax. Missouri is moving in this direction, and that provides a competitive threat to Kansas.

    For property taxes, limiting the rate of growth would provide relief from rapidly-rising tax burdens.

  • Kansas and Wichita quick takes: Thursday October 14, 2010

    Wichita mayor to lead LKM. City press release: “Wichita Mayor Carl Brewer was elected as the 81st president of the League of Kansas Municipalities (LKM) during the organization’s annual conference Tuesday morning in Overland Park. … He also urged his fellow local leaders to restore the public’s confidence in government. ‘We need to have our citizens recognize the value of competent government, and why our freedoms and security depend on it,’ he said.” As noted a few days ago on these pages, the League of Kansas Municipalities is a special interest group working in favor not of the citizens who live in Kansas towns and cities, but the politicians and bureaucrats that run them — and their cronies — who benefit from the LKM’s advocacy of things like TIF districts, STAR bonds, tax abatements, and eminent domain for economic development. So I don’t know if we should be proud that our mayor is the president of this group.

    Goody Clancy in Topeka, too. The Topeka Capital-Journal reports that Goody Clancy, the planning firm working for Wichita is also working in Topeka.

    FactFinder 12: Pompeo campaign ad. Analysis of an advertisement by Kansas fourth Congressional district candidate Republican Mike Pompeo by Michael Schwanke of KWCH 12 Eyewitness News concludes that Pompeo used some of the techniques that he and Republicans strongly criticized Democrat Raj Goyle for using. Schwanke concludes: “Goyle made those statements, but the ad doesn’t provide complete context.” This is the same issue that got Republicans riled up a few weeks ago.

    Pompeo poll released. The Pompeo campaign has released a poll that was commissioned and paid for by the campaign. The results are Pompeo with 58 percent of the vote, and Goyle with 31 percent. Two minor party candidates get three percent each, and undecided voters are at 16 percent. In its analysis the polling firm notes “the confrontational attacks by Goyle have backfired and have resulted in Goyle’s negative rating increasing substantially.” Candidate-produced polls need to be considered carefully. Goyle’s campaign has released their own polls in August and September which showed a smaller Pompeo lead than public polls. FiveThirtyEight indicates it flags polls which meet its definition of a partisan poll, which it defines as a poll conducted [on behalf of] any current candidate for office. It also says “Nevertheless, they are included in the ratings. If a pollster releases a poll into the public domain, we assume that they are interested in doing their best and most accurate work, regardless of whom the poll is conducted for.” The firm that conducted this poll for Pompeo conducted a poll for the same campaign July 6th through 8th, about a month before the August primary election, with results of Pompeo leading Wink Hartman 27 percent to 21 percent. The actual results were Pompeo 39 percent, Jean Schodorf 24 percent, and Hartman 23 percent. Public polls underestimated Pompeo’s actual vote total, too.

    Kansas legislator Merrick honored. American Legislative Exchange Council, described as a “nonpartisan individual membership organization of state legislators which favors federalism and conservative public policy solutions” has recognized Kansas Representative and Majority Leader Ray Merrick with its highest award. “The American Legislative Exchange Council (ALEC) is pleased to announce that Representative Ray Merrick of the Kansas House of Representatives recently received the highest honor that a setting legislator can receive from the organization — Legislator of the Year. Rep. Merrick received the award at ALEC’s 37th Annual Meeting, held in San Diego, Cal., August 5 — 8, 2010. Nearly 1,500 state legislators, policy experts, and private-sector leaders from across the United States attended three days of intensive discussions on the critical issues facing the states and our nation. This award is given to state legislators who are ALEC members in good standing and have distinguished themselves by advancing, introducing, and/or enacting policies based on the fundamental Jeffersonian principles of free markets, limited government, federalism, and individual liberty.”

    Education reform setback. Wall Street Journal Review & Outlook: “Michelle Rhee described her decision yesterday to step down as Washington, D.C., schools chancellor after 3½ years as ‘heartbreaking.’ We share the sentiment. That one of the nation’s most talented school reformers was forced out does not bode well for students … Ms. Rhee’s resignation ‘won immediate support from the Washington Teachers’ Union,’ a strong signal that her departure is a victory for the adults who run public education, not the kids in failing schools. … One reason education reform is so difficult is because unions believe their political influence and money will outlast even the bravest reformers in the end — which is why they’re cheering today in the District of Columbia.”

    Wichita Eagle voter guide available. Click here. You can get a list of the candidates, along with their responses to questions, customized for your address. The first advance voter ballots were mailed yesterday.

    Kansas Jackass blogger guilty. Kansas Watchdog reports: “Former blogger Jason Croucher entered a plea of guilty to 3 counts of child pornography on Wednesday morning at the U.S. Court House. Croucher’s progressive ‘Kansas Jackass’ blog was widely read by members of the Kansas Legislature and others in Kansas in 2009. The blog is no longer online.” Croucher operated anonymously until “outed” by Earl Glynn and myself, although he planned to become known on his own at some time. His style was to poke fun at his opponents, using anything negative about them as material for his attacks. Rarely was public policy discussed in a meaningful and serious way.

    Wichita Eagle Opinion Line. “Gov. Mark Parkinson: I have six employees. I need to expand my business or quit. Please loan me $1 million to be paid back with my employees’ income tax. Thank you.” A fine example of government intervention crowding out private investment and initiative.

  • Drury request for more Broadview Hotel subsidy should be rejected

    Tomorrow’s meeting of the Wichita City Council features a public hearing on the creation of a Community Improvement District to benefit Drury Southwest, developer of the Broadview Hotel in downtown Wichita.

    CIDs are a creation of the Kansas Legislature from the 2009 session. They allow merchants in a district to collect additional sales tax of up to two cents per dollar. The extra sales tax is used for the exclusive benefit of the CID.

    In this case, Drury is asking hotel guests — these are visitors to Wichita, usually — to pay an extra two cents per dollar sales tax. This CID is being constructed as “pay-as-you-go,” in which the extra sales tax is sent back to the applicant as it is collected.

    The agenda material for this item tells us that Drury suffered increased costs due to “delays to the project caused by legislative changes to the value of historic tax credits.” Last week I told the council how economic development management by government adds political uncertainty to the entrepreneurial process. The Broadview developers chose to operate in the political arena rather than the marketplace. They were hurt — they claim — and now they want politicians to make up for that.

    Drury has already received, or will receive, a huge amount of assistance from government for its work on the Broadview Hotel. Its participation in Kansas’ historic preservation tax credit program means a grant to the developers of perhaps $4 million. It is just as though the state wrote a check to Drury for that amount, and this is money that Kansas taxpayers have to make up.

    Further, Drury will escape paying much of the taxes that the rest of us have to pay. According to city information provided last week, Drury plans to spend $22,797,750 on the hotel. If we use this as the appraised value for the property when it is complete, the annual property taxes due for this property would be $22,797,750 times .25 times 126.323 divided by 1000, or $719,970. This calculation may be rough, but it gives us an idea of the annual operating subsidy being given to this hotel for the next ten years.

    Then, as part of the industrial revenue bond program this hotel is participating in, the hotel will avoid paying sales tax on purchases related to its renovation and furnishing. It’s a little ironic, then, that the hotel asks its guests to pay a special additional sales tax that benefits only the hotel.

    Finally, the city accelerated riverbank improvements that benefit the Broadview, and there’s a sweetheart sale by the city of a parking garage across the street.

    So this hotel is receiving plenty of subsidy from Wichita and Kansas taxpayers.

    Does Wichita trust its planners?

    This request by Drury for more Broadview Hotel subsidy poses a challenge to Wichita city council members. Goody Clancy, the firm that has been planning the revitalization of downtown Wichita, has proposed what seems to be a tougher stance towards government handouts to downtown developers. David Dixon, principal planner for Wichita’s planning effort, was reported in the Wichita Eagle thusly: “Dixon was clear: There will be enough private development downtown to repay taxpayers for the public investments through increases in the tax base.”

    In January’s preliminary findings, Goody Clancy told Wichita that there is a strong market for hotels in downtown Wichita. The final report states: “Downtown Wichita offers a strong potential for new lodging developments.” That implies that hotels ought to be profitable without requiring massive subsidy. But right after the preliminary finding, the city broke new ground in granting millions in subsidy to a hotel developer to build a Fairfield Inn downtown.

    The Goody Clancy plan has not yet been before the Wichita city council for formal acceptance. But most members, especially Mayor Carl Brewer, are enthusiastic about the plan.

    Tomorrow’s meeting and the action by the council will let us know if the city has the political will to take Goody Clancy’s findings and advice to heart.

  • Texting bans haven’t worked

    In an attempt to increase highway safety, many states have passed bans on texting while driving. But the bans haven’t worked, and some states have experienced an increase in crashes.

    A news release from the Highway Loss Data Institute summarizes the finding of a new study: “It’s illegal to text while driving in most US states. Yet a new study by researchers at the Highway Loss Data Institute (HLDI) finds no reductions in crashes after laws take effect that ban texting by all drivers. In fact, such bans are associated with a slight increase in the frequency of insurance claims filed under collision coverage for damage to vehicles in crashes. This finding is based on comparisons of claims in 4 states before and after texting ban, compared with patterns of claims in nearby states.”

    The study does not claim that texting while driving is not dangerous. Rather, the realization by drivers that texting is illegal may be altering their behavior in a way that becomes even more dangerous than legal texting. Explains Adrian Lund, president of both HLDI and the Insurance Institute for Highway Safety: “If drivers were disregarding the bans, then the crash patterns should have remained steady. So clearly drivers did respond to the bans somehow, and what they might have been doing was moving their phones down and out of sight when they texted, in recognition that what they were doing was illegal. This could exacerbate the risk of texting by taking drivers’ eyes further from the road and for a longer time.”

    When Kansas passed its texting ban this year, newspapers editors praised the legislature and Governor Mark Parkinson for passing the law. In an editorial, the Wichita Eagle’s Rhonda Holman wrote “But it’s nice to know the state finally has a law against this brainless and dangerous practice.” In his written statement, Parkinson said “I am pleased to sign this legislation that will encourage more aware drivers and save Kansas lives.”

    While Kansas was not included in the HLDI study, there’s no reason to think that Kansas will experience anything different from the states that were studied: Kansas drivers may be under greater risk of being in a crash after the passage of this law. Stricter enforcement of this law and higher fines will simply encourage the dangerous law-evading texting behavior.

    The texting ban was included in my Kansas Economic Freedom Index for 2010 for the Kansas Senate. Senators who voted against the ban increased their scores in favor of freedom.

    While I did not know the results of this study at that time, this is another example where instinctive distrust of government regulation was the correct diagnosis.

  • Kansas needs citizen-powered democracy

    Following is an op-ed by Paul Jacob that recently appeared in the Wichita Eagle, although this is the version he sent to me. Jacob is president of Citizens in Charge Foundation, a national organization that promotes the rights of initiative and referendum. The citizens of Kansas enjoy neither of these.

    Fort Hays State University Professor Chapman Rackaway is entitled to his opinion that “Voter initiative sounds good but is bad idea” (September 14 Wichita Eagle), but not to make up his own facts to buttress this viewpoint.

    Rackaway uses inaccurate claims about California’s initiative process to argue against Republican Secretary of State candidate Kris Kobach’s popular proposal to allow Kansans to petition issues onto the ballot for a statewide vote.

    It’s instructive that the professor focuses on far away California, ignoring the states surrounding Kansas — Colorado, Missouri, Nebraska, and Oklahoma — all with voter initiatives. Note that a recent state ranking by the American Legislative Exchange Council placed all four neighboring initiative states ahead of Kansas for economic performance from 1998-2008.

    Still, Rackaway’s assertions about California are not true. For instance, the professor states, “A typical ballot there has 50 or more initiatives…” The most initiatives ever on a single California statewide ballot? Seventeen. Back in 1914.

    Professor Rackaway contends that, “Initiatives have marginalized that state legislature’s ability to budget …” But even the California Legislative Analyst’s Office concluded recently that “the legislature maintains considerable control over the state budget.”

    Rackaway also cites several “silly initiatives” that are on this year’s California ballot. The only problem being that none of the initiatives mentioned by the professor are actually on the ballot. Oops!

    “If we had 75 percent voter turnout and an electorate committed to informed participation,” wrote Rackaway, “the initiative would be a worthwhile proposal.” But in his view, Kansans currently aren’t up to the job of making decisions.

    Both factually and otherwise, the esteemed professor is sorely mistaken. Kansans deserve the right to vote on the issues that affect their lives, especially on reforms like term limits opposed by self-serving politicians. Thank goodness Mr. Kobach is standing up for the average citizen.

  • For Kansas Rep. Don Hineman, loyalty is a one-way street

    For Republican Kansas Representative Don Hineman of Dighton, party loyalty is a street that runs in only one direction: towards himself.

    In 2008, Hineman challenged an incumbent Republican in Kansas House District 118. Hineman narrowly won the primary. The loser, Virginia Beamer, decided to mount a write-in campaign for the November general election. Hineman won, gathering 6,112 votes to Beamer’s 2,716.

    During the general election campaign, a well-known conservative political communications company worked on behalf of Beamer. Hineman complained, saying that this work violated the Kansas Republican party’s loyalty amendment. In an email, he wrote: “As the nominee of the party I had expected to have the support of party officials, regardless of whatever differences we may have over political philosophy.”

    While I don’t agree with party loyalty oaths, this matter would be just a footnote — and not very interesting at that — if not for Hineman’s recent actions.

    Now, just two years after insisting that a political communications firm cease working for his opponent based on party loyalty, Hineman is campaigning for a Democrat. Not just any Democrat, but former Republican consultant Rob McKnight, who defected to the Democratic Party in order to run for a Kansas House seat from Overland Park.

    The party loyalty section of the Kansas Republican Party Constitution doesn’t apply to elected officials like Hineman. It didn’t apply to the situation in 2008 either, but that didn’t stop Hineman from complaining that “it certainly violates the spirit of that amendment.”

    Hineman’s voting record in the Kansas House is that of a big-taxing and big-spending liberal. He voted for both the big-spending budget and for the statewide sales tax increase this year. He earned a rating of 19 percent on the Kansas Economic Freedom Index for 2010, and 30 percent on AFP’s legislative scorecard for 2010. He’s also opposed to giving citizens the power of initiative and referendum in Kansas.

    Here’s the email Hineman sent:

    Dear Kansas City-area friends and family,

    I am forwarding this email to introduce you to Rob McKnight. Rob is a very good friend, and has been my campaign advisor since I first ran for the Kansas House of Representatives in 2008. Evidently he thought I was having too much fun, because this year Rob is a candidate himself, after over twenty years as a campaign advisor to others. He is running to represent the 20th District in the Kansas House, and I would consider it a privilege to serve with Rob in Topeka.

    I would ask you to consider helping Rob during his campaign. Please think about making a contribution to his campaign (see information below) or help him during one of his scheduled “literature drops”, the first of which takes place the tomorrow, Saturday, September 18. The attached flyer has more information. Please note this is not knocking on doors; it is merely a door-to-door literature drop. Participants will cover a large amount of territory in a short amount of time.

    Rob thinks of everything. The drop is scheduled on a Saturday when the Kansas Jayhawks are idle, so no one need to be distracted by other events. Please consider helping Rob with this event tomorrow. Rob is very deserving, and I know he will be very grateful for your help.

    Thanks!

    Don Hineman

  • Economic development planning in Wichita on tap

    Tuesday’s meeting of the Wichita City Council features four public hearings concerning Community Improvement Districts. One CID also will have a public hearing on its application for tax increment financing (TIF).

    CIDs are a creation of the Kansas Legislature from the 2009 session. They allow merchants in a district to collect additional sales tax of up to two cents per dollar. The extra sales tax is used for the exclusive benefit of the CID.

    Under tax increment financing (TIF), developers get to use their property taxes to pay for the same infrastructure (or other costs) that everyone else has to pay for. That’s because in TIF, the increment in property taxes are used to pay off bonds that were issued for the exclusive benefit of a development. Or, as in the case with a new form of TIF called pay-as-you-go, the increment in property taxes are simply given back to the developer. (Which leads to the question: why even pay at all?)

    The developments seeking this form of public financing include a grocery story in Plainview, a low-income and, according to the application, underserved area of town. Material on this hearing provided by the city is at Plainview Grocery Store CID and TIF in Wichita, Kansas.

    A second applicant asks to charge an extra one cent per dollar sales tax for Central Park Place, a proposed suburban shopping center. Read more here: Community Improvement District at Central Park Place, Wichita, Kansas.

    Then the developers of Bowllagio, a proposed bowling alley and entertainment district, will make their pitch to add two cents per dollar sales tax. Read more here: Community Improvement District for Bowllagio (Maize 54 Development).

    Finally, the developers of the downtown Wichita Broadview Hotel will ask to add two cents per dollar sales tax on purchases made by the hotel’s visitors. Read more here: Community Improvement District for Broadview Hotel, Wichita, Kansas.

    All of these applications should be turned down by the city council, and for a variety of reasons.

    For example, the goal of the Plainview grocery store is to serve a low-income area of town. To do that, however, the store will be charging its customers an extra $1 for every $50 spent. Supporters make the case that many of the potential customers presently shop at Quik-Trip, which is not an inexpensive store, so the city is really doing these people a favor. The developer makes the case that he’s just trying to do something for the community, giving back something.

    But if the developer really wants to do something for the community, he should agree to pay his share of property taxes like almost everyone else pays. That won’t happen, as most of the taxes he will pay will be routed right back to him through the TIF district.

    The extra sales tax is a consumer protection issue, both in the case of the Plainview grocery store and the suburban shopping center. Shoppers won’t have any idea that they’re going to be paying extra sales tax by shopping at these merchants until after they get their receipt. Most people probably won’t notice then.

    There are several council members who normally would be in favor of exposing greedy merchants who overcharge people, but they haven’t shown this concern so far regarding Community Improvement Districts.

    The Broadview hotel is already the recipient of potentially $4.75 million in Kansas historic preservation tax credits. Despite the name of the program, the tax credits are in effect a grant of money to the developers — the state might as well write the developers a check. The City of Wichita has also assisted the hotel in several ways. But now it’s back at the government trough asking for even more corporate welfare.

    We ought to ponder the wisdom of renovating this hotel if it can’t survive without so much government assistance. And having plowed so much into an economically unfeasible project, we can easily see sometime a few years down the road where owner Drury Hotels come to the city saying they can’t make a profit, and they need some other form of assistance.

    Having given so much already, the city won’t be able to turn down the request for a little more. It’s happened before.

    Even pointing out how the city works at cross-purposes with itself doesn’t impress the council. We spend millions every year subsidizing airlines so that airfares to Wichita are low. Then we turn around and add extra tax to visitors’ hotel bills, with Vice Mayor Jeff Longwell and the Wichita Eagle editorial board approving this as a wise strategy.

    People remember high taxes. I don’t think it’s a good strategy to establish high-tax districts designed to capture extra tax revenue from visitors to our city. A good strategy for Wichita to pursue would be to establish itself as a low-cost destination, but we’re going the other way.

    Then we must consider: does all this economic development planning work? The answer, emphatically, is: No. City leaders tell us that they do these things to grow Wichita’s economy. The activity of developers who seek subsidy like this is called, in economic terms, rent seeking, and city leaders encourage it. But evidence shows that rent seeking activity harms economic growth.

    It’s usually pretty good for the favored developers who receive such economic rents (subsidy). But it’s a bad deal for everyone else. It illustrates 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.

    We see this in play nearly every week in Wichita as the city seeks to manage economic development. City leaders portray “success stories” (that’s when a company accepts subsidy from the city to build something) as evidence of people having faith in Wichita. Someone has confidence in Wichita because they’re investing here, they say.

    But I wonder why these people won’t invest in Wichita unless they receive millions of dollars through preferential tax treatment such as tax abatements, CID, TIF, STAR bonds, forgivable loans, and other forms of local corporate welfare.

    These preferential tax treatments increase the cost of government for everyone else in the city. That fuels the cycle of people coming to city council saying their plans are not feasible unless they receive tax breaks. This expanding role of Wichita in centralized economic planning is great if you’re a city hall bureaucrat like Wichita city manager Bob Layton and Wichita economic development director Allen Bell. It satisfies the incentives and motivations of bureaucrats. But it’s bad for economic freedom and the people of Wichita.

    Finally, perhaps the simplest public policy issue is this: If merchants feel they need to collect additional revenue from their customers, why don’t they simply raise their prices? Why the roundabout process of the state collecting extra sales tax, only to ship it back to the merchants in the CID?