Voice For Liberty

Tag: Subsidy

  • Kansas and Wichita quick takes: Tuesday January 3, 2012

    Legislators to hear from citizens. The South-Central Kansas Legislative Delegation will be taking public comments tonight (Tuesday January 3rd) at 7:00 pm in the Jury Room of the Sedgwick County Courthouse, 525 N. Main in Wichita. (Use the north entrance to the courthouse). This is your opportunity to let local legislators know your wishes on issues that will be considered during the 2012 legislative session. In the past, each person wishing to talk has been limited to between three and five minutes depending on the number of people wishing to speak. There is usually the requirement to sign up as you enter if you want to speak.

    Romney seen as ‘good enough.’ Kimberley A. Strassel, in today’s Wall Street Journal, makes the case that many Republicans are starting to realize, some very reluctantly: “Voters aren’t convinced by Mitt Romney. They’re not certain of his convictions; they wonder if he is the leader for these times; they’re not sold on his policies or his personality. Yet voters may be about to make the former Massachusetts governor the Republican nominee for the presidency. Mark this down as the triumph of strategy over inspiration.” … After analyzing the rise and fall of the other Republican candidates, Strassel concludes: “So while Mr. Romney may not excite them, while he may not be ideal, in light of the other candidate’s problems, and given the election stakes, voters are buying his argument that he is, well … good enough. Which is why, barring a surprise, or a late entrant, Mr. Good Enough — through good fortune, dogged determination, and the skillful elimination of his rivals — may end up grabbing the conservative ring in this all-important election year.” … Can Romney defeat Obama? “It will not be enough for Mr. Romney to argue against Mr. Obama; he will have to inspire Republicans and independents to vote for his own vision. Mr. Romney offers decent policies, and he’s proven himself a hard worker, with growing campaign skills. The question is whether a victory in the primary will give him the confidence to break out, to take some risks, and to excite a nation that wants real change. In a presidential election, good enough might not be enough to win.” More at Mr. Good Enough: Mitt Romney lost the nomination in 2008 because of his lack of focus and a reputation for shifting his message. He’s learned something this time around.

    Brownback Chief of Staff in Wichita. This Friday (January 6th) the Wichita Pachyderm Club features David Kensinger, Chief of Staff to Kansas Governor Sam Brownback. Of Kensinger, the Kansas City Star wrote “Even David Kensinger’s friends call him a pit bull. … Few Kansans would recognize his name, though his job automatically makes Kensinger an important figure in Kansas politics. But Republicans and Democrats say he’s much more than the top member of the governor’s staff. David Kensinger, they say, is a brilliant political strategist and a tireless, fiercely loyal Brownback lieutenant — and has made himself into the most powerful second-in-command in the state’s modern history.” The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. Upcoming speakers: On January 13th: Speaker of the Kansas House of Representatives Mike O’Neal, speaking on “The untold school finance story.” … On January 20th: Sedgwick County Commissioner Karl Peterjohn. … On January 27, 2012: The Honorable Jennifer Jones, Administrative Judge, Wichita Municipal Court, speaking on “An overview of the Wichita Municipal Court.”

    Arrogance of Trump. Appearing yesterday on Fox News On the Record, Donald Trump says he may run for president if the Republicans pick the wrong candidate. But he won’t name who, in his mind, are the “wrong” candidates. He won’t even endorse a candidate.

    Ethanol. With the new year, the subsidy for blending corn ethanol into gasoline has ended. So has the tariff on imported ethanol. The mandate to use a certain number of gallons each year remains. Of that, the Wall Street Journal comments: “The fight for economic rationality goes on.” See Ethanol in Winter: Wonder of wonders, the tax subsidy and tariff expire..

    180 miles in an electric car. A family’s 180 mile trip from Knoxville to Nashville took a while, requiring four stops of 30 minutes each at “fast” recharging stations. The car was a Nissan Leaf. In his commentary, Paul Chesser noted: ‘The Smiths’ experience echoed that of a Consumer Reports reviewer and Los Angeles columnist Rob Eshman, who called his Leaf his ‘2011 Nissan Solyndra.’ Eshman, editor-in-chief of The Jewish Journal, experienced the same gauge inaccuracies and range anxiety that came from traversing hills and mountains and the use of his air conditioning in hot, smoggy L.A. ‘My life now revolves around a near-constant calculation of how far I can drive before I’ll have to walk,’ Eshman wrote. ‘The Nissan Leaf, I can report, is perfect if you don’t have enough anxiety in your life.’” … Smith said he was proud that the trip across Tennessee didn’t require a drop of oil. But according to Institute for Energy Research, 52.7 percent of electricity in Tennessee is generated using coal as the fuel. Across the Tennessee Valley region, two-thirds of the electricity comes from buring coal. … More at Family’s electric car trip to Nashville hits a glitch: arrived anyway.

    Kansas Policy Institute research. In its newsletter, Kansas Policy Institute writes “As 2012 begins we can be sure of one thing — the upcoming legislative session will be anything but boring.” KPI also reminds Kansans of the many policy studies it produced last year that will help legislators and citizens understand the issues Kansas faces. Following is the list KPI provided: The Effect of Federal Health Care ‘Reform’ on Kansas General Fund Medicaid Expenditures … A Comprehensive Reform of KPERS … Kansas Legislature’s Legal Authority to Modify KPERS … A Budget Stablization Plan For Kansas … Tax Reform is About Job Creation and Economic Growth … Major Structural Deficits Looming in Kansas Budget…a.k.a. Thelma and Louise! … A Reinventing the Kansas K-12 School System to Engage More Children in Production Learning.

    Morality of capitalism. Tom G. Palmer, Senior Fellow at the Cato Institute, speaks about capitalism and a new book — The Morality of Capitalism — that he edited. “One of the things that’s quite striking is when you look at criticisms of the market, in many cases what they’re complaining about is interventionism and cronyism, not really capitalism. That’s a very important distinction to make. … The financial crisis in particular is just quite evidently a failure of interventionism — trying to steer the market, and it ended up going off the rails. Now markets are trying to correct themselves and governments are struggling to not allow that to happen, with more stimulus and trying to pump up property prices, and so on.” … Palmer said now it’s time to go on the offensive for free market capitalism. That has not been responsible for the failed policies of government. … On the morality of capitalism, Palmer said that capitalism has been identified exclusively with self-interest, as though that was its defining feature. But people in other economic systems pursue self-interest, too. Capitalism is distinguished, he said, by a legal and moral relationship among persons: “People have the right to pursue their dream, they have the right to do what they want, with what is legitimately theirs under a system of the rule of law and equality before the law — for everybody. Not privileges for some with special powers as planners and dictators and so one, but all of meet in society as moral and legal equals. And we trade and we exchange. The outcome of that is morally just.” … It’s not just the greater productivity of market exchange, Palmer said. People have a right to exchange and transact freely, and the state and planners don’t have the right to tell them otherwise. … The podcast also addresses the nature of economic competition in capitalism, which Palmer described as “constructive, peaceful cooperation.” … On the rich, who are often criticized for exploiting others under capitalism, Palmer said that in the past and in legally under-developed countries today, rich people almost always became rich by taking or through cronyism. But under capitalism, people become rich by creating and producing, satisfying the needs and desires of others. … Click below to listen to Palmer in this 11 minute podcast.

  • In Wichita, Southfork TIF is politics, and therefore should be rejected

    Last month the Wichita City Council approved the formation of a TIF district in south Wichita. Known as the Southfork TIF District, the developer is Wichitan Jay Maxwell. This week the matter will appear before the Sedgwick County Commission, as it may, under law, decide to veto the formation of the district.

    Maxwell himself rarely appears at meetings of governmental agencies, sending his agent Tim Austin of Poe & Associates, Inc. instead.

    The role of politics

    Maxwell and Austin have some queer ideas regarding the nature of markets and politics. In an email message to supporters of the Southfork TIF, Austin wrote: “There are many underlying political winds working against the Southfork TIF.” In another email message, he wrote: “As I mentioned previously, there are underlying political interests at play that appear to be making this a political matter as opposed to a vote the merits of the TIF, the project, and South Wichita.”

    Austin has it exactly backwards. It is he who is arguing for using the political process to enrich himself and Maxwell. Those such as myself and Americans for Prosperity who oppose government interventions such as this are arguing against using the political process — against making this a political matter, that is.

    The supporters of government intervention such as TIF often make claims of “market failure.” They claim that the free market system has failed to deliver what they want, so they make appeals to government to intervene. This, of course, moves society away from markets and civil society and toward the politics that Austin seems to disdain.

    In reality, markets do quite well in allocating the resources of our economy, despite the claims of many, including historians who should know better. There are those who may feel they’re not getting everything they deserve through the market process, but that’s no reason to introduce the tremendous inefficiencies and distortions that the political process brings with it. In his book How Capitalism Saved America: The Untold History of Our Country, From the Pilgrims to the Present, Thomas J. DiLorenzo explained:

    Most historians also uncritically repeat the claim that government subsidies were necessary to building America’s transcontinental railroad industry, steamship industry, steel industry, and other industries. But while clinging to this “market failure” argument, they ignore (or at least are unaware of) the fact that market entrepreneurs performed quite well without government subsidies. They also ignore the fact that the subsidies themselves were a great source of inefficiency and business failure, even though they enriched the direct recipients of the subsidies and advanced the political careers of those who dished them out.

    Political entrepreneurs and their governmental patrons are the real villains of American business history and should be portrayed as such. They are the real robber barons.

    The idea of “market failure” is used by the promoters of this TIF district — as do supporters of TIF districts. They claim that only government — that is, politics — can make things right, at least according to their vision.

    The idea that there are two classes of entrepreneurs — market and political — is explained by Helen Cochran in her book review of The Myth of the Robber Barons: A New Look at the Rise of Big Business in America by Burton Folsom. Cochran wrote:

    According to Folsom, “political entrepreneurs” are those that seek government/taxpayer subsidy, public private partnerships, protective tariffs, special privileges, etc. Folsom makes a sound case that economic development fueled by political intervention invariably fails and undermines the very ideology it purports to serve.

    On the other hand “market entrepreneurs” are those that obtain their successes by producing a product that is better and of more value to the consumer, unbridled by the government controls and restrictions that come with subsidy. No one can argue that it is the market entrepreneurs that create the wealth in this country.

    The essence of political entrepreneurship is that Austin and Maxwell find it easier to convince a majority of the Wichita City Council, and now the Sedgwick County Commission, of the superiority of their plans than it is to convince others through the market process. They want to replace the collective knowledge of free people trading voluntarily in markets with the political process — that is, with the judgments of bureaucrats and politicians.

    Do TIF districts work?

    In deciding whether TIF districts “work” we must come to an agreement of what “work” means. Generally, most supporters of TIF — besides the obvious motivations of the developers who are directly enriched by them — claim increased development and jobs.

    But there’s plenty of evidence to the contrary.

    As far as increased development: Yes, that generally happens within the TIF district. But what about the overall city? The answer is that TIF is harmful.

    Regarding the effect of tax increment financing (TIF) districts on economic development, economists Richard F. Dye and David F. Merriman have studied the issue extensively. Their paper The Effects of Tax Increment Financing on Economic Development bluntly states the overall impact of TIF: “We find clear and consistent evidence that municipalities that adopt TIF grow more slowly after adoption than those that do not.”

    Later in the same paper the authors conclude: “These findings suggest that TIF trades off higher growth in the TIF district for lower growth elsewhere. This hypothesis is bolstered by other empirical findings.” More on their work is at Tax increment financing (TIF) and economic growth.

    Others may support TIF for its purported positive impact on employment. Sure, it’s easy to drive by a TIF district and see people at work. But that doesn’t tell the whole story.

    One person who looked at the effect of TIF on employment in the entire city is economist Paul F. Byrne. He concluded this: “Results find no general impact of TIF use on employment. However, findings suggest that TIF districts supporting industrial development may have a positive effect on municipal employment, whereas TIF districts supporting retail development have a negative effect on municipal employment.”

    More on his work is at Does tax increment financing (TIF) deliver on its promise of jobs?

    So considering the high-minded goals of politicians and bureaucrats, we must conclude that TIF does not meet the goals of increased development and/or jobs, if we consider the impact on everyone. What we’re left with is the well-known problem that public choice economics — the economics of politics — has described: Concentrated benefits and dispersed costs. It’s the reason why those who seek enrichment at Wichita City Hall and other governments make so many political campaign contributions.

    This particular TIF district

    In a document prepared for Sedgwick County Commissioners by the county’s Finance Division, this TIF district is analyzed.

    One startling conclusion: “The Southfork area qualifies for TIF funding because most of the land is in a flood plain, and while action is being taken to reduce the magnitude of this problem most of the land will remain in a flood plain after those actions are completed.” (emphasis added)

    In other words, one of the “noble” actions of the developer — fixing a flooded area — is exposed for what it is.

    Another conclusion of the analysis is that the “Proposed project is economically feasible without county funding support.” In other words, the TIF district is not financially necessary.

    Then: “Proposed private equity funding is insufficient to effect default risk.”

    Finally: “Costs to county government are greater than benefits to county government. If, as appears possible based on the financial projections provided for county review, the project is financially feasible without TIF funding, then a substantial cost to county government is the property tax revenue diverted unnecessarily to the project.”

    This directly contradicts the claims that most TIF supporters make: That TIF is without cost. Randal O’Toole and others have shown the many ways in which TIF does have a great cost. His essay “TIF is not free money” may be read as part of my article Tax increment financing: TIF has a cost.

    This particular applicant

    We also need to look at the characteristics of this applicant. The Wichita Business Journal reported this regarding a company Mr. Maxwell owned:

    Pixius proposes to repay, over a 10-year period, $1.3 million of a $6.4 million loan from the U.S. Department of Agriculture’s Rural Utilities Service, according to court documents. The loan was part of a 2002 Farm Bill pilot program that loaned more than $180 million to ISPs to expand Internet service to rural areas.

    “To my memory … Pixius is the only one (to receive a loan) that’s had to file bankruptcy to work out of its situation,” says Claiborn Crain, USDA spokesman.

    When the government helped out Maxwell in the past, it cost taxpayers $5.1 million. His company is set apart from other similar companies in that, according to the USDA spokesman, only Maxwell’s declared bankruptcy.

    I suggest that Maxwell has had his turn at the government funding trough. Taxpayers can’t afford to give him another.

  • Wichita falls in economic performance ranking

    Recently the Milken Institute released a report examining the economic performance of metropolitan areas in the United States. The report, titled Best-Performing Cities 2011, describes itself as “The annual Best-Performing Cities index provides an objective, comprehensive measure of economic performance across metropolitan areas of the country.”

    Specifically, this report “measures growth in jobs, wages and salaries, and technology output over a five-year span (2005–2010 for jobs and technology output and 2004-2009 for wages and salaries) to adjust for extreme variations in business cycles.”

    On the composition of the index, the report states: “Employment growth is weighted most heavily in the index because of its critical importance to community vitality. Wage and salary growth measures the quality of the jobs being created and sustained. Technology output growth is another key element of economic vibrancy.”

    Among the top 200 metropolitan areas, Wichita ranked 104th in overall performance this year, down from 72nd the year before.

    In the category of one-year job growth from 2009 to 2010, Wichita ranked 199th out of the 200 largest metropolitan areas. For five-year job growth Wichita did better, ranking 63rd of 200.

    Interestingly, Wichita ranks high — ninth out of 200 — in a measure of high-technology industry concentration. The description of this measure in which Wichita ranks highly is: “High-tech location quotients (LQs), which measure the concentration of the technology industry in a particular metro relative to the national average, are included to indicate a metro’s participation in the knowledge-based economy.”

    Reports such as these can be useful, but can also be misunderstood or misapplied — or sometimes incorrect. For example, Wichita isn’t usually thought of as a center of concentration in high-tech industry. In a 2011 ranking of the best cities for high tech jobs produced by Joel Kotkin, Wichita didn’t make the list, which included 51 cities. That list was based on “Employment in 45 high technology manufacturing, services, and software industry sectors.”

    Some will dismiss Wichita’s fall in rankings because of our heavy reliance on aviation, particularly business aviation, which was hit very hard by the recession.

    Wichita — and Kansas — can take note, however, of the high performance by cities in Texas. Four of the top five are in Texas, as are nine of the top 25. There is a movement in Kansas to reduce the state’s income tax rates to make Kansas more attractive to business. Texas has no state income tax.

    We should also note that Wichita’s ranking fell at a time of vigorous economic development efforts by Wichita and Sedgwick County, the major components of the Wichita metropolitan area. In his State of the City address this year, Wichita Mayor Carl Brewer spoke about Wichita’s economic development efforts. The mayor said that the city’s efforts saved 745 jobs and created 435 jobs, for a total impact of 1,180 jobs. To place those numbers in context, we note that American Community Survey data from the U.S. Census Bureau indicates the labor force in Wichita is 191,760 persons. This means that the economic development efforts of the City of Wichita affected a number of jobs equivalent to 0.6 percent of the city workforce.

    This small number of jobs impacted by the city’s economic development initiatives is dwarfed by other economic events. Additionally, these efforts by the city are counterproductive — if our interest is creating a dynamic economy in Wichita. Analysis by the Kauffman Foundation finds that it is new firms — young firms, in other words — that are the primary drivers of job creation. But the economic development policies of cities like Wichita are definitely biased toward older, established firms. The cost of these economic development efforts, which are paid for by everyone — including young businesses firms struggling to grow — means that we prop up unproductive companies at the expense of the type of firms we need to really grow the Wichita economy.

    Wichita is not the only component of the Wichita metropolitan area, but is certainly the driving force in the region’s economy.

    Reports such as these are evidence that the economic development policies of Wichita and Sedgwick County are not working well. We need to distinguish ourselves somehow and produce greater economic growth. Kansas Governor Sam Brownback released an economic development plan that sounded some of the right notes, but in practice his administration is relying on more of the same targeted subsidies that most states and cities use.

    Professor Art Hall of the Center for Applied Economics at the Kansas University School of Business has made a convincing case that Kansas needs to move away from the “active investor” approach to economic development. This is where government decides which companies will receive special treatment, be it in the form of tax abatements, tax credits, grants, tax increment financing, community improvement district special taxes, and other forms of subsidy. Being an “active investor” is the approach of the City of Wichita.

    In his paper Embracing Dynamism: The Next Phase in Kansas Economic Development Policy, Hall quotes Alan Peters and Peter Fisher: “The most fundamental problem is that many public officials appear to believe that they can influence the course of their state and local economies through incentives and subsidies to a degree far beyond anything supported by even the most optimistic evidence. We need to begin by lowering expectations about their ability to micro-manage economic growth and making the case for a more sensible view of the role of government — providing foundations for growth through sound fiscal practices, quality public infrastructure, and good education systems — and then letting the economy take care of itself.”

    Later, Hall writes this regarding “benchmarking” — the bidding wars for large employers that Wichita and Kansas rely on for economic development: “Kansas can break out of the benchmarking race by developing a strategy built on embracing dynamism. Such a strategy, far from losing opportunity, can distinguish itself by building unique capabilities that create a different mix of value that can enhance the probability of long-term economic success through enhanced opportunity. Embracing dynamism can change how Kansas plays the game.”

    We need business and political leaders in Wichita and Kansas who can see beyond the simple imagery of a groundbreaking ceremony and can assess the effect of our failing economic development policies on the entire community. Unfortunately, we don’t have many of these.

  • Kansas and Wichita quick takes: Monday December 19, 2011

    Boeing tanker and Wichita. News reports from this morning’s press conference held by U.S. Representative Mike Pompeo of Wichita indicate that Boeing will not use Wichita as the finishing plant for work on the new air refueling tanker project. It was thought that this work would require 7,500 jobs in Wichita. Political and union leaders speak of holding Boeing accountable to what they believe was a promise Boeing made to Wichita, but I don’t know how they can do that. … Pompeo’s press release states: “… the work will be done in Washington state. Until very recently, it had been my expectation based on representations made to all Kansans, personally to me and my office, and to the United States Air Force, that Boeing would create 7,500 aviation jobs in our great state should Boeing prevail in the tanker bid. We now know that Boeing intends to walk away from that promise, which severely jeopardizes the future of the over 2000 aviation jobs currently held by Boeing employees in Kansas. … Boeing fought a long and fierce battle to build the KC-46A Tanker and secured the largest defense contract in the history of the world. Over a decade Boeing won, then lost and then once again emerged victorious over its competitor EADS. Kansas aviation workers were at the very core of Boeing’s effort that entire time. During that competition, Boeing stressed — both publicly and in its formal final bid proposal submitted to the United States Air Force — that its Wichita, Kansas facility would be critical to building the next generation tanker. For years, Kansas’ elected political leadership worked diligently to secure a contract award for Boeing. In short, Kansas workers and Kansas political leaders were central to the Air Force’s decision to select Boeing over EADS. To remove Kansas from the tanker project not only violates a public trust, but it creates risk to taxpayers and to our fighting forces. … I urge the company’s leaders to do all that they can to honor the Boeing name and to take all steps available to do right by the hard-working, talented people who build the world’s greatest airplanes here in Kansas.”

    Wichita school dress code. The Wichita Eagle reports on a new dress code for teachers at USD 259, the Wichita public school district: “Mark Jolliffe, principal at Wilbur Middle School and president of the local administrators group, said the guidelines are intended to ‘enhance our professional position, and model for our students, staff and community’ the importance of professional dress.” Teachers continually complain that they are, in fact, professionals, but are not treated as such. I wonder: What does it say when you have to be told how to dress at work? What the community ought to be worried about is a school district that spends time on issues like this while students continue to receive a substandard education. … Furthermore, the mode of dress of schoolteachers ought to be something that parents decide through a market-based selection process. Those parents who believe that their children are best served by schools where the teachers dress nicely (and perhaps the students are in uniform) could choose schools like this, if we had school choice. Also, parents who believe their children would thrive in a more casual environment could select schools with this characteristic, but again, only if we had school choice.

    Kansas legislator briefing book. A very useful publication produced by Kansas Legislative Research Department is now available in a 2012 edition. Its target is legislators, but anyone who is interested in understanding state government will find the 2012 Legislator Briefing Book useful. The section on education, for example, has an explanation of the Kansas school funding formula, complete with descriptions and values for the weightings that determine how much state funding districts receive.

    Velvet Revolution voice has died. “Vaclav Havel, the playwright who led the Velvet Revolution that ended communism in Czechoslovakia, has died at 75. … Vaclav Havel helped Czechoslovakia make the transition from one of the most repressive Communist regimes to one of the most successful post-Communist countries.” More from David Boaz at Vaclav Havel, RIP.

    Open records in Wichita. “The Wichita City Council approved a $2 million payment to the city’s convention and visitors’ bureau, GO Wichita, despite objections to the lack of transparency in how GO Wichita handles taxpayer money. The Kansas Open Records Act requires that entities receiving public money be subject to the law’s transparency provisions, but one of these provisions states that if such an organization files an annual financial statement, it has complied with the law. At issue is whether a one- or two-page financial report listing total revenues and expenditures can substitute for public access to more detailed records regarding specific expenditures of public funds.” More from Paul Sourtar of Kansas Watchdog at City of Wichita Spends $2 million, Rebuffs Citizen’s Transparency Request.

    Cellulosic ethanol. The Wall Street Journal notes the debacle of cellulosic ethanol production and government involvement. This is ethanol produced from “wood chips and stalks or switch grass,” said President George W. Bush in 2006, also stating that “Our goal is to make this new kind of ethanol practical and competitive within six years.” So what has happened? “When these mandates were established, no companies produced commercially viable cellulosic fuel. But the dream was: If you mandate and subsidize it, someone will build it. Guess what? Nobody has. Despite the taxpayer enticements, this year cellulosic fuel production won’t be 250 million or even 25 million gallons. Last year the Environmental Protection Agency, which has the authority to revise the mandates, quietly reduced the 2011 requirement by 243.4 million gallons to a mere 6.6 million. Some critics suggest that even much of that 6.6 million isn’t true cellulosic fuel.” … the Journal cites a recent report by National Academy of Sciences that states “currently, no commercially viable biorefineries exist for converting cellulosic biomass to fuel.” The $132.4 million loan guarantee for a cellulosic plant near Hugoton in southwest Kansas is noted. (More about that at Kansas and its own Solyndra.) … Concluding, the Journal writes: “To recap: Congress subsidized a product that didn’t exist, mandated its purchase though it still didn’t exist, is punishing oil companies for not buying the product that doesn’t exist, and is now doubling down on the subsidies in the hope that someday it might exist. We’d call this the march of folly, but that’s unfair to fools.” See The Cellulosic Ethanol Debacle.

    Overcriminilization. A new paper from Paul Larkin of of Heritage Foundation reports on the difficulties facing legislative solutions to the problem of overcriminilization. The abstract of the paper Overcriminalization: The Legislative Side of the Problem reads: “The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many of these issues have already been discussed, one problem created by the overcriminalization of American life has not been given the same prominence as others: the fact that overcriminalization is a cause for (and a symptom of) some of the collective action problems that beset Congress today. Indeed, Congress, for a variety of reasons discussed in this paper, is unlikely to serve as a brake on new, unwarranted criminal laws, let alone to jettison broad readings of those laws by the courts. Therefore, the key to curbing overcriminalization is the American public: It is the people who, if made aware of the legislative issues that enable overcriminalization, could begin to head off such laws before the momentum for their passage becomes overwhelming.” … The conclusion to the report emphasizes the role of the people: “The legislative dynamic is not likely to serve as a brake on new, unwarranted criminal laws, let alone to jettison broad readings of those laws by the courts. The public needs to head off such laws before the momentum for their passage becomes overwhelming. And that can happen only if the public is aware of the legislative side of this problem.”

    No Wichita Pachyderm. This week and next week (December 23rd and 30th) the Wichita Pachyderm club will not meet due to the holidays. Upcoming speakers: On January 6th: David Kensinger, Chief of Staff to Kansas Governor Sam Brownback. … On January 13th: Speaker of the Kansas House of Representatives Mike O’Neal, speaking on “The untold school finance story.” … On January 20th: Sedgwick County Commissioner Karl Peterjohn.

    Stevens, Pachyderm President, honored. At last week’s meeting of the Wichita Pachyderm Club, President John Stevens received the “Tough Tusk Award.” In presenting the award, club Vice President John Todd remarked: “Once in awhile a local leader comes along who deserves recognition. From time to time The Wichita Pachyderm Club recognizes these special people. Today it is my pleasure to recognize one of our own who deserves special recognition. The Wichita Pachyderm Club awards committee would like to recognize our club President John Stevens as the recipient of our club’s ‘Tough Tusk Award’ as sponsored by the National Federation of Pachyderm Clubs. … He is a retired business owner who now spends his time volunteering with SCORE counseling small business owners and entrepreneurs. John also works as a community activist through his participation in city and neighborhood organizations. He is a past Wichita Park Board Commissioner and serves on boards and committees for Wichita Independent Neighborhoods. … In 2008 John was elected the precinct committeeman for the 101st precinct in Wichita. He has worked as a volunteer in local campaigns and has run as the Republican candidate for the 86th Kansas House of Representatives seat, concerned that Republican values, attitudes, and principles are not being represented in the 86th District. He continues to work toward having a Republican in the 86th House seat. … John has served as President of the Wichita Pachyderm Club for the past three years. Through the Pachyderm Club he is able to facilitate educating citizens about our government, our leaders and the Republican Party. … John says he is addicted to progress, and I can tell you that he works tirelessly for the betterment of The Wichita Pachyderm Club.” … I will add: Thank you, John Stevens, for a job well done.

    Occupiers and crony capitalism. “They’re rightfully angry at what’s happening in the United States today. But unfortunately they have confused capitalism and crony capitalism, and they’ve misdiagnosed the cause of their frustration.” That’s Chris Coyne of George Mason University speaking of the Occupy Wall Street protesters. He explains in more detail in the following short video. This video is from LearnLiberty.org, a project of Institute for Humane Studies, and many other informative videos are available.

  • Kansas and Wichita quick takes: Friday December 9, 2011

    Ethanol subsidy. According to Wichita Eagle reporting, the head of an ethanol trade group says the subsidy for ethanol will likely disappear after January 1, but the change might be good for the industry. It has to do with image, said the speaker. The subsidy the speaker mentioned is in the form of a tax credit, and is one of the programs that would be eliminated by proposed legislation introduced by U.S. Rep. Mike Pompeo of Wichita. His bill would end tax credits for all forms of energy. … The production tax credit is just one of three government interventions that benefit ethanol. Besides the tax credit, we should also ask for the end of mandates for ethanol use, and an end to the tariff on imported ethanol. We also need to ask for the end of interventions aimed at benefiting the cellulosic ethanol industry, like the $132.4 million loan guarantee for such a plant in Kansas.

    Cronyist Warren Buffet. “Warren Buffett’s MidAmerican Energy Holdings company has agreed to buy a giant, 550-megawatt photovoltaic farm currently under construction in San Luis Obispo County for $2 billion, giving a huge boost to the solar industry that could spur investment by other major players.” Concludes John Hinderaker of Powerline Blog: “Meanwhile, I am warming up to the idea that Warren Buffett should pay more in taxes. I would settle for just getting his federal subsidies back.” More at Crony Capitalism, Episode #…What Are We Up To Now?

    Natural gas subsidies for Pickens. While on the topic of energy and harmful subsidies, Timothy P. Carney of the Washington Examiner provides an update on H.R. 1380: New Alternative Transportation to Give Americans Solutions Act of 2011, or NATGAS act. The bill provides a variety of subsidies, implemented through tax credits, to producers and users of natural gas. The goal is to promote the use of natural gas as the fuel the nation uses for transportation. … Carney explains the personal financial of the bill’s backer, energy investor T. Boone Pickens. He holds options on 15 million shares of a company known as Clean Energy Fuels. These options expire on December 28th, and their value would skyrocket if the NATGAS bill can pass by then. … Carney notes the opposition to this bill from Wichita-based Koch Industries. As a large producer of fertilizer, the price of a key input — natural gas — would likely increase if NATGAS passes. But we all ought to worry about increases in the price of fertilizer, which would like lead to higher grocery prices. These price increases harm low income families hardest.

    Planning grant to be topic of meeting. On Monday December 12th Americans for Prosperity Foundation will feature Sedgwick County Commission Member Richard Ranzau speaking on the topic “The $1.5 million dollar Regional Economic Area Partnership (REAP) HUD Sustainable Development Planning Grant: Economic Development or Economic Destruction?” Some background on this item may be found at Sedgwick County considers a planning grant. This free event is from 7:00 pm to 8:30 pm at the Lionel D. Alford Library located at 3447 S. Meridian in Wichita. The library is just north of the I-235 exit on Meridian. For more information on this event contact John Todd at john@johntodd.net or 316-312-7335, or Susan Estes, AFP Field Director at sestes@afphq.org or 316-681-4415.

    Tilting at wind turbines. “Switching from conventional sources of electricity like coal and natural gas to renewables like wind and solar, our elected leaders tell us, will reduce pollution, advance renewable technology and spark a green jobs revolution. Is renewable energy really a green pathway to a brighter economic future? Or is it nothing more than a heavily subsidized impossible dream?” Reason TV takes a look at wind energy in the video Tilting at Wind Turbines: Should the Government Subsidize Renewable Energy? Locally, Wichita Mayor Carl Brewer promotes manufacturing of wind power machinery as good for Wichita’s economic development, and Kansas Governor Sam Brownback supports renewable energy standards for Kansas.

  • Kansas and Wichita quick takes: Wednesday December 7, 2011

    Wichita petitions. At yesterday’s meeting of the Wichita City Council, the invocation featured a Bible verse that contained the phrase “Petitions, prayers, intercession, and thanksgiving be offered for those in authority.” I don’t think the speaker was aware of the irony, since petitions were delivered to city hall just the day before. These petitions seek to overturn an action of the city council, and city leaders are not pleased that citizens took to the streets to gather signatures in opposition to the council’s action.

    Petitions being contested. Speaking of petitions, the developers of the Ambassador Hotel are calling those who signed the petition and asking them to rescind their signature. The signers are being read a script that claims a study by Wichita State University indicates that 978 jobs will be created by the project. At the time the hotel developers persuaded the Wichita City Council and other governmental units to grant them over $15 million in taxpayer subsidy, they claimed the project would create 100 to 120 jobs. More reporting by Bill Wilson of the Wichita Eagle at Clash over hotel incentives heating up. … Work started and continues on the hotel even though the subsidy targeted by the petition is in doubt, so it appears the hotel will open — and jobs be created — no matter what happens to the petition.

    AFP statement on peitition. “Activists with Americans for Prosperity and many other local organizations are firmly engaged in the public process, acting on our right to ask for a public vote on how our city doles out tax dollars to private interests,” said Susan Estes, AFP-Kansas grassroots coordinator and Wichita resident. “Certainly the opposition in this matter is acting on its right to fight our efforts. “However, from what we have heard from some of the recipients of recent phone calls, the actions of our opposition seem desperate, insulting and even intimidating to some. We find it interesting that an entity so concerned about receiving public incentives is so against allowing the public to vote on one portion of the approved incentive package. Great lengths are being taken — and at great expense — to prevent Wichitans from voting, even going so far as to have individuals from Colorado calling petition signers to sway their opinion about a Wichita issue.” … “The signature gathering process has simply been about one thing: providing the people of Wichita an opportunity to express support or opposition to this type of public tax policy. A campaign would allow both proponents and opponents to share their message with the people of Wichita. We believe his would be a healthy debate for our community. One that is needed, one that we hoped would be embraced by all. We are not afraid of this public debate, but apparently some are.”

    Smart Taxpayers Exposing Waste. An initiative of the American Beverage Association is exposing ways in which government is spending money to run attack ads on the beverage industry. The claim is that $230 million of federal stimulus money has been spent in this way. The Facebook page, located at Smart Taxpayers Exposing Waste (STEW), holds many examples.

    Planning grant to be topic of meeting. On Monday December 12th Americans for Prosperity Foundation will feature Sedgwick County Commission Member Richard Ranzau speaking on the topic “The $1.5 million dollar Regional Economic Area Partnership (REAP) HUD Sustainable Development Planning Grant: Economic Development or Economic Destruction?” Some background on this item may be found at Sedgwick County considers a planning grant. This free event is from 7:00 pm to 8:30 pm at the Lionel D. Alford Library located at 3447 S. Meridian in Wichita. The library is just north of the I-235 exit on Meridian. For more information on this event contact John Todd at john@johntodd.net or 316-312-7335, or Susan Estes, AFP Field Director at sestes@afphq.org or 316-681-4415.

    Kansas history writer to speak. This Friday (December 9th) the Wichita Pachyderm Club features Beccy Tanner, Kansas history writer and reporter for The Wichita Eagle, speaking on “The Kansas Sesquicentennial (150th) Anniversary.” The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. … Upcoming speakers: On December 16: Kansas Senator Garrett Love. The youthful legislator, just completing his first year in office, will be speaking on “Young people in politics.” … On December 23 there will be no meeting. The status of the December 30th meeting is undetermined at this time. … On January 6: David Kensinger, Chief of Staff to Kansas Governor Sam Brownback. … On January 13: Speaker of the Kansas House of Representatives Mike O’Neal, speaking on “The untold school finance story.” … On January 20: Sedgwick County Commissioner Karl Peterjohn.

    Wichita City Council. Some video from this week’s meeting of the Wichita City Council. First, my discussion of tax increment financing (TIF) districts. Then, click here for Clinton Coen and Wichita Mayor Carl Brewer’s discussion. Under the mayor’s leadership, things disintegrate. Finally, former council member Jim Skelton returns to Wichita city council chambers.

  • Wichita should reject tax increment financing

    Remarks delivered to the Wichita City Council, December 6, 2011, regarding the formation of a new tax increment financing (TIF) district in south Wichita. The measure passed with all members except Michael O’Donnell (district 4, south and southwest Wichita) voting in favor of creating the TIF district.

    Mayor, members of the council,

    No matter how much spin is put on this by its supporters and this council, TIF turns over taxation to private interests. To the extent we must have taxation, it should be for public purposes, to pay for things that everyone benefits from.

    What this council is considering today is turning over this public function to the benefit of one person. Some on this council believe that TIF is not really a benefit to the applicant, as they are going to pay property taxes in any case.

    That’s true — so far. But to properly represent the interests of this city, we need to look farther. We need to look at “stage two,” or “what happens next.” And when we look, we see that under TIF, the vast majority of the taxes paid are redirected away from the public treasury and back to one person’s interest.

    Some will bring up the “but-for” argument, which is to say that none of this will happen unless the TIF district is created. It’s easy to create scenarios that show government assistance is necessary. But we’ve seen examples lately where applicants stood before this council and told you that they must have some form of assistance, that it is impossible to proceed without it. But after being denied assistance, the projects proceeded. In fact, the current applicant made such a claim to this council regarding special property tax treatment through industrial revenue bonds. This council declined to offer the assistance, but the project moved ahead anyway.

    Now if TIF provided a benefit, that would be one thing. But compelling research that no one on this council has controverted tells us two things.

    First, one study concludes this: “We find evidence that the non-TIF areas of municipalities that use TIF grow no more rapidly, and perhaps more slowly, than similar municipalities that do not use TIF.” So if we are concerned about the level of development in the entire city, we should reject TIF.

    Second, another tells of the impact of retail TIF districts on jobs. “TIF districts supporting retail development have a negative effect on municipal employment.” So if we are concerned about jobs for everyone, we should reject retail TIF districts.

    We might also look to a state that is perhaps the leader in the application of TIF, although they’re called redevelopment districts there: California Governor Jerry Brown is working to eliminate the use of TIF districts and close down those that exist. His reason: The state can’t afford them.

    We also need to look at the characteristics of this applicant. The Wichita Business Journal reported this regarding a company Mr. Maxwell owned: “Pixius proposes to repay, over a 10-year period, $1.3 million of a $6.4 million loan from the U.S. Department of Agriculture’s Rural Utilities Service, according to court documents. The loan was part of a 2002 Farm Bill pilot program that loaned more than $180 million to ISPs to expand Internet service to rural areas. ‘To my memory … Pixius is the only one (to receive a loan) that’s had to file bankruptcy to work out of its situation,’ says Claiborn Crain, USDA spokesman.”

    I would also note that at least one member of this council has accepted campaign contributions from Mr. Maxwell and his wife. Some jurisdictions have “pay-to-play” laws, which prohibit officeholders who have accepted campaign contributions from voting on measures that would enrich the contributor. We don’t have these laws in Wichita, although I hope that we will. But there’s no reason that this council can’t act as through such laws are in place.

  • Kansas and Wichita quick takes: Friday December 2, 2011

    Wichita trip to Ghana. KAKE Television reports that Wichita Mayor Carl Brewer believes the recent trip to Africa by him and others may result in sales of beef and airplanes. I wonder, though: don’t marketers of beef and airplanes know about Africa already? And who has the greater motive to sell, not to mention knowledge about the products that might meet African customers’ needs: sales reps for these companies, or politicians? … The most telling indication that this trip is more junket than anything else is that Brewer and Vice Mayor Lavonta Williams (district 1, northeast and east Wichita) paid for their own airfare. If this trip was truly good for the city, the city should pay all expenses for those who go, just as companies pay legitimate travel expenses for their employees.

    Register of Deeds returns funds. At this week’s meeting of the Sedgwick County Commission Register of Deeds Bill Meek returned $200,000 in unspent funds from his office. These unspent funds may be used by other county offices for “equipment or technological services relating to the land or property records filed or maintained by Sedgwick County,” according to the resolution passed by commissioners.

    Transaction fee, or interest? At the same commission meeting, there was discussion on the topic of the county charging extra fees for paying money to the county using credit cards. During the discussion, Commissioner Jim Skelton speculated that, depending on the card you have, there will be “$50 to $250 or more on interest” each month. The commissioner may not have heard that if you pay the entire statement balance each month, there won’t be any interest charges.

    This is a cut? In Republicans Take an Ax to Government, David Boaz writes: “Sort of. Two million dollars. Two million dollars. That’s what the Washington Post sees as ‘shrinking government.’ I’m guessing the Post doesn’t often run a story when a governor does something that “expands government” by $2 million. But Virginia has a reputation for fiscal conservatism. Maybe $2 million is actually a big chunk of the state’s budget. Let’s check the numbers. As it turns out, this week the National Governors Association and the National Association of State Budget Officers put out a report on state finances, and it showed that Virginia’s general fund spending is up 7.1 percent in 2012. And according to Virginia’s own budget, that’s an increase of $1.1 billion in FY2012. That’s not the whole budget, by the way. In addition to the $16 billion in General Fund spending, Virginia will also spend $23 billion in FY2012. ”

    Tax incentives questioned. In a commentary in Site Selection Magazine, Daniel Levine lays out the case that tax incentives that states use to lure or keep jobs are harmful, and the practice should end. In Incentives and the Interstate Competition for Jobs he writes: “Despite overwhelming evidence that state and local tax incentives are having little to no positive effect on promoting real economic growth anywhere in the country, states continue to up the ante with richer and richer incentive programs. … there are real questions as to whether the interstate competition for jobs is a wise use of anyone’s tax dollars and, if not, then what can be done to at least slow down this zero sum game?” As a solution, Levine proposes that the Internal Revenue Service classify some types of incentives as taxable income to the recipient, which would reduce the value and the attractiveness of the offer. Levine also correctly classifies tax credits — like the historical preservation tax credits in Kansas — as spending programs in disguise: “Similarly, when a ‘tax credit’ can be sold or transferred if unutilized it ceases to have a meaningful connection to state tax liability. Instead, in such circumstances the award of tax credit is merely a delivery mechanism for state subsidy.” In the end, the problem — when recognized as such — always lies with the other guy: “Most state policy makers welcome an opportunity to offer large cash incentives to out-of-state companies considering a move to their state but fume with indignation when a neighboring state uses the same techniques against them.”

    Golden geese on the move. Thomas Sowell: “The latest published data from the 2010 census show how people are moving from place to place within the United States. In general, people are voting with their feet against places where the liberal, welfare-state policies favored by the intelligentsia are most deeply entrenched.” Sowell notes that blacks, especially those young and educated, are moving to the South and suburbs. “Among blacks who moved, the proportions who were in their prime — from 20 to 40 years of age — were greater than in the black population at large, and college degrees were more common among them than in the black population at large. In short, with blacks, as with other racial or ethnic groups, those with better prospects are leaving the states that are repelling their most productive citizens in general with liberal policies.” Detroit, he writes is “the most striking example of a once-thriving city ruined by years of liberal social policies.” Finally, a lesson for all states, including Kansas: “Treating businesses and affluent people as prey, rather than assets, often pays off politically in the short run — and elections are held in the short run. Killing the goose that lays the golden egg is a viable political strategy.” (Mass Migration Of America’s Golden Geese.) The migration statistics concerning Kansas are not favorable, although some are trending in a better direction.

    Rep. Hedke, author of new book, to speak. This Friday (December 2nd) the Wichita Pachyderm Club features Kansas Representative Dennis Hedke speaking on “Energy and environmental policy.” Hedke is the author of the just-published book The Audacity of Freedom, described as an “unequivocal challenge to the Socialist-Marxist-Communist principles being pushed upon freedom loving Americans by entities and individuals both within and outside the United States.” In his forward to the book, Speaker of the Kansas House of Representatives Mike O’Neal writes: “Dennis Hedke’s The Audacity of Freedom is a timely and welcome “from the heart” wake-up call for those who value freedom and America. Unapologetically, Hedke does not mince words in describing the combination of crises that threaten our country. His irrefutable and precise recitation of compelling facts and refreshingly candid faith and patriotism are infectious. He exhorts us not to stand by and suffer any longer the fools who have been insulting our collective intelligence and bringing us dangerously close to a socialistic irrelevance in the world. His book, in short, is important.” The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. … Upcoming speakers: On December 9: Beccy Tanner, Kansas history writer and reporter for The Wichita Eagle, speaking on “The Kansas Sesquicentennial (150th) Anniversary.” … On December 16: David Kensinger, Chief of Staff to Kansas Governor Sam Brownback. … On December 23 there will be no meeting. The status of the December 30th meeting is undetermined at this time. … On January 6: Kansas Senator Garrett Love. … On January 13: Speaker of the Kansas House of Representatives Mike O’Neal, speaking on “The untold school finance story.” … on January 20: Sedgwick County Commissioner Karl Peterjohn.

    Economic freedom in America: The decline, and what it means. “The U.S.’s gains in economic freedom made over 20 years have been completely erased in just nine.” Furthermore, our economic freedom is still dropping, to the point where we now rank below Canada. The result is slow growth in the private sector economy and persistent high unemployment. This is perhaps the most important takeaway from a short new video from Economic Freedom Project, which is a project of the Charles Koch Institute. The video explains that faster growth in government spending causes slower growth in the private economy. This in turn has lead to the persistent high unemployment that we are experiencing today. … To view the video at the Economic Freedom Project site, click on Episode Two: Economic Freedom in America Today. Or, click on the YouTube video below.

  • Wichita petition drive nears end

    It’s been a lot of work. Wichita city leaders ought to take notice that citizens are so opposed to their actions that they will venture out in winter to gather signatures in opposition.

    The issue is the Ambassador Hotel, part of the Douglas Place project, in downtown Wichita. This project received a multi-layer cake of subsidies from the City of Wichita, State of Kansas, and even the U.S. federal government. One of these layers is subject to a protest petition that will force an election so that citizens may decide the matter. That’s what is coming to an end.

    Petition organizers and volunteers have collected many signatures, but more are needed. This weekend is the final push, as signatures are due Tuesday December 6th. Following is an invitation to a party this Sunday where circulators can turn in signatures they have gathered, and where citizens may sign.

    Petition Party Invitation

    Thank you for adding your name and support to the hotel guest tax petition! Thanks to your efforts, it is likely Wichita voters will get to decide if one hotel should get a better tax break than the rest.

    We’d like to show our appreciation by making our last petition collection effort a thank you party.

    PLEASE JOIN US

    Sunday, December 4, 2011
    12:30 pm to 2:30 pm
    at the Corporate Hills Marriott
    9100 Corporate Hills Drive
    (West of Webb Road just north of Kellogg. Click here for a map.)

    Cake, coffee, and punch will be served. Free notaries will be on hand to receive your final petitions.

    Bring friends and family who want to sign.

    If you can’t attend but have a petition you would like a free notary to pick up, call John Todd at 316-312-7335.

    PLEASE RSVP
    infoks@afphq.org or 316-681-4415

    QUESTIONS
    Call Susan 316-681-4415