Kansas state government

Political cronyism has become the way

by Bob Weeks on May 7, 2012

“A society whose businesses engage in cronyism instead of serving people will not be prosperous, and in America it is clear that cronyism is becoming a more common choice,” writes Sam Patterson at EconomicFreedom.org.

Cronyism is the practice of seeking business success through government rather than through markets. The difference is that business succeeds in the market by providing goods and services that people are willing to buy. Political cronyism, on the other hand, results in people being forced to buy from, or to otherwise involuntarily subsidize, certain business firms that have succeeded in the political arena.

In Kansas, despite the fiscal conservatism of Kansas Governor Sam Brownback and many members of the legislature, political cronyism thrives. An example is the increased powers given to the Kansas PEAK program (Promoting Employment Across Kansas). A more recent example is the vote to extend the STAR bonds program. Both programs provide business firms a way to obtain money isolated from market forces. Instead, applicants must meet the guidelines of a government program.

In Wichita and Sedgwick County, cronyism is firmly established as economic development policy. It’s little wonder that our policies are failing and we are losing people and income to other states.

Cronyism Undermines the Beneficial Role of Business in Society

By Sam Patterson

The role that business plays in society is straightforward — businesses produce goods and services that people consider beneficial. If a business can do that while wisely using resources, it makes a profit. Successful businesses benefit society by producing goods or services which improve people’s lives, and are then rewarded with profit. Those profits enable businesses to innovate or offer more goods and services, further improving people’s lives. Businesses must cater to the needs of society or they will find that they are not rewarded with profit and may well no longer exist.

At least, that’s how it works in a free market. There is another path for businesses to make profit other than providing valuable products. It’s called cronyism. Cronyism occurs when a business colludes with government officials to create unfair legislation and/or regulations which give them benefits they could not have otherwise obtained voluntarily.

Continue reading at Cronyism Undermines the Beneficial Role of Business in Society.

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Kansas state spending is not, itself, a good

by Bob Weeks on April 29, 2012

In the debate over reducing and eventually eliminating the income tax in Kansas, those who oppose income tax reduction say it will simply shift the burden of taxation to others, in the form of sales and property taxes. This is true only if we decide to keep spending at the same rate. We could cut spending in response to reduced revenue, but it is argued that state spending is a good thing, a source of wealth that Kansas should continue to rely on.

The idea that government spending is a generator of wealth and prosperity is true only beyond a certain minimal level of spending. We benefit from government provision of things like national defense, public safety, and a court system. (There are those who believe that even these could be provided by the private sector rather than markets.) But once government grows beyond these minimal core functions, it is virtually certain that markets — that is, free people trading in the private sector — can produce a wider variety of better goods and services at lower cost.

We also have to realize that government spending has a cost that must be paid for. Advocates of government spending point to the salary paid to a government worker and how that money gets spent in the economy, producing jobs. These advocates, however, do not recognize the source of the worker’s salary, which is money taken from someone through taxation (or borrowing and inflation at the federal level). The loss of that money to government has a cost in the form of the reduced economic activity of those who paid the taxes.

If this loss was economically equivalent to the gain, we might be unconcerned. But there is a huge cost in taxation and government inefficiency that makes government spending a negative-sum proposition.

Another fundamental problem with government taxation and spending is that it is not voluntary. In markets, people voluntarily trade with each other because they feel it will make them better off. That’s not the case with government. I do not pay my taxes because I feel doing so makes me better off, other than for that small part that goes to the basic core functions. Instead, I pay my taxes so that I can stay out of jail. This fundamentally coercive nature of government spending gets it off to a bad start.

Then, ask how that money is spent. Who decides, and how? Jeffrey A. Miron explains: “The political process, alas, does not lend itself to objective balancing of costs and benefits. Most programs benefit well-defined interest groups (the elderly, teachers unions, environmentalists, defense contractors) while imposing relatively small costs per person on everyone else. Thus the winners from excess spending fight harder than the losers, and spending far exceeds the level suggested by cost-benefit considerations.” (Slash Expenditure to Balance the Budget)

An example in Kansas is the special interest group that benefits from highway construction. They formed a group called Economic Lifelines. It says it was formed to “provide the grassroots support for Comprehensive Transportation Programs in Kansas.” Its motto is “Stimulating economic vitality through leadership in infrastructure development.”

A look at the membership role, however, lets us know whose economic roots are being stimulated. Membership is stocked with names like AFL-CIO, Foley Equipment Company, Heavy Constructors Association of Greater Kansas City, Kansas Aggregate & Concrete Associations, Kansas Asphalt Pavement Association, Kansas Contractors Association, Kansas Society of Professional Engineers, and PCA South Central Cement Promotion Association. Groups and companies like these have an economic interest in building more roads and highways, whether or not the state actually needs them. And although there is a 10-year, $8 billion spending program in place, this group is fighting a proposal to divert $24 million to other programs.

As Miron explained, groups like this will spend almost unlimited money in order to receive appropriations from the government. It’s easier than competing in markets, and that’s a big problem with government spending — decision are made by the centralized few, not the many dispersed actors in markets.

Some argue that without government spending, certain types of goods and services will not be provided. A commonly cited example is education, which accounts for about half of Kansas general fund spending. Would there be schools if not for government? Of course there would be. There are many non-government schools now, even though those who patronize them must first pay for the government schools before paying for their own schools. And there were many schools and educated, literate Americans before government decided it need to monopolize education.

Still, it is argued that government spending on education is needed because everyone benefits from an educated citizenry. Tom G. Palmer explains: “Thus, widespread education generates public benefits beyond the benefits to the persons who are educated, allegedly justifying state provision and financing through general tax revenues. But despite the benefits to others, which may be great or small, the benefits to the persons educated are so great for them that they induce sufficient investment in education. Public benefits don’t always generate the defection of free-riders.”

Those who still argue that government spending in education is for the good of everyone will also need to defend the sagging and declining performance of public schools, persuading us that government schools are producing an educated citizenry. They also need to defend the capture of Kansas spending on schools by special interest groups that benefit from this spending.

Back to the basics: Government spending as economic booster is the theory of the Keynesians, including the administration of Barack Obama. Miron, from the same article cited above, explains the problems with this:

That brings us to the second argument for higher spending: the Keynesian claim that spending stimulates the economy. If this is accurate, it might seem the U.S. should continue its high-spending ways until the recession is over.

But the Keynesian argument for spending is also problematic. To begin with, the Keynesian view implies that any spending — whether for vital infrastructure or bridges to nowhere — is equally good at stimulating the economy. This might be true in the short term (emphasis on might), but it cannot be true over the long haul, and many “temporary” programs last for decades. So stimulus spending should be for good projects, not “digging ditches,” yet the number of good projects is small given how much is already being spent.

More broadly, the Keynesian model of the economy relies on strong assumptions, so we should not embrace it without empirical confirmation. In fact, economists find weak or contradictory evidence that higher government spending spurs the economy.

Substantial research, however, does find that tax cuts stimulate the economy and that fiscal adjustments — attempts to reduce deficits by raising taxes or lowering expenditure — work better when they focus on tax cuts. This does not fit the Keynesian view, but it makes perfect sense given that high taxes and ill-justified spending make the economy less productive.

The implication is that the U.S. may not face a tradeoff between shrinking the deficit and fighting the recession: it can do both by cutting wasteful spending (Medicare, Social Security, and the wars in Iraq and Afghanistan, for starters) and by cutting taxes.

The reduced spending will make the economy more productive by scaling government back to appropriate levels. Lower tax rates will stimulate in the short run by improving consumer and firm liquidity, and they will enhance economic growth in the long run by improving the incentives to work, save, and invest.

Deficits will therefore shrink and the economy will boom. The rest of the world will gladly hold our debt. The U.S. will re-emerge as a beacon of small government and robust capitalism, so foreign investment (and talented people, if immigration policy allows) will come flooding in.

In Kansas, we need to scale back government to appropriate levels, as Miron recommends. That means cutting spending, as that is the measure of the size of government. That will allow us to cut tax rates, starting with the income tax. Then we in Kansas can start to correct the long record of sub-par economic performance compared to other states and bring prosperity and jobs here.

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Tax costs block progress in Kansas

by Bob Weeks on April 28, 2012

If we in Kansas and Wichita wonder why our economic growth is slow and our economic development programs don’t seem to be producing results, there is now data to answer the question why: Our tax costs are high — way too high.

Recently the Tax Foundation released a report that examines the tax costs on business in the states and in selected cities in each state. The news for Kansas is worse than merely bad, as our state couldn’t have performed much worse: Kansas ranks 47th among the states for tax costs for mature business firms, and 48th for new firms.

The report is Location Matters: A Comparative Analysis of State Tax Costs on Business.

The study is unusual in that it looks at the impact of states’ tax burden on mature and new firms. This, according to report authors, “allows us to understand the effects of state tax incentives compared to a state’s core tax system.” In further explanation, the authors write: “The second measure is for the tax burden faced by newly established operations, those that have been in operation less than three years. This represents a state’s competitiveness after we have taken into account the various tax incentive programs it makes available to new investments.”

The report also looks at the tax costs for specific types of business firms. For Kansas, some individual results are better than overall, but still not good. For a mature corporate headquarters, Kansas ranks 30th. For locating a new corporate headquarters — one that would benefit from tax incentive programs — Kansas ranked 42nd. For a mature research and development facility, 46th; while new is ranked 49th. For a mature retail store, 38th, while new is ranked 45th.

There are more categories. Kansas ranks well in none.

The report also looked at two cities in each state, a major city and a mid-size city. For Kansas, the two cities are Wichita and Topeka.

Among the 50 cities chosen, Wichita ranks 30th for a mature corporate headquarters, but 42nd for a new corporate headquarters.

For a mature research and development facility, Wichita ranks 46th, and 49th for a new facility.

For a mature and new retail store, Wichita ranks 38th and 45th, respectively.

For a mature and new call center, Wichita ranks 43rd and 47th, respectively.

In its summary for Kansas, the authors note the fecklessness of Kansas economic development incentives: “Kansas offers among the most generous property tax abatements and investment tax credits across most firm types, yet these incentives seem to have little impact on the state’s rankings for new operations.”

Kansas tax cost compared to neighbors. Click here for a larger version.

It’s also useful to compare Kansas to our neighbors. The comparison is not favorable for Kansas.

More evidence of failure

Recently the Greater Wichita Economic Development Coalition issued its annual report on its economic development activities for the year. This report shows us that power of government to influence economic development is weak. In its recent press release, the organization claimed to have created 1,509 jobs in Sedgwick County during 2011. According to the Bureau of Labor Statistics, the labor force in Sedgwick County in 2011 was 253,940 persons. So the jobs created by GWEDC’s actions amounted to 0.59 percent of the labor force. This is a very small fraction, and other economic events are likely to overwhelm these efforts.

In his 2012 State of the City address, Wichita Mayor Carl Brewer took credit for creating a similar percentage of jobs in Wichita.

The report by the Tax Foundation helps us understand why the economic development efforts of GWEDC, Sedgwick County, and Wichita are not working well: Our tax costs are too high.

While economic development incentives can help reduce the cost of taxes for selected firms, incentives don’t help the many firms that don’t receive them. In fact, the cost of these incentives is harmful to other firms. The Tax Foundation report points to this harm: “While many state officials view tax incentives as a necessary tool in their state’s ability to be competitive, others are beginning to question the cost-benefit of incentives and whether they are fair to mature firms that are paying full freight. Indeed, there is growing animosity among many business owners and executives to the generous tax incentives enjoyed by some of their direct competitors.”

But there is one incentive that can be offered to all firms: Reduce tax costs for everyone. The policy of reducing tax costs for the selected few is not working. This “active investor” approach to economic development is what has led companies in Wichita and Kansas escaping hundreds of millions in taxes — taxes that others have to pay. That has a harmful effect on other business, both existing and those that wish to form.

Professor Art Hall of the Center for Applied Economics at the Kansas University School of Business is critical of this approach to economic development. 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.”

In the same paper, Hall writes this regarding “benchmarking” — the bidding wars for large employers that Wichita and Kansas has been pursuing and which Wichita’s Brewer wants to step up: “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.”

In making his argument, Hall cites research on the futility of chasing large employers as an economic development strategy: “Large-employer businesses have no measurable net economic effect on local economies when properly measured. To quote from the most comprehensive study: ‘The primary finding is that the location of a large firm has no measurable net economic effect on local economies when the entire dynamic of location effects is taken into account. Thus, the siting of large firms that are the target of aggressive recruitment efforts fails to create positive private sector gains and likely does not generate significant public revenue gains either.’”

There is also substantial research that is it young firms — distinguished from small business in general — that are the engine of economic growth for the future. We can’t detect which of the young firms will blossom into major success — or even small-scale successes. The only way to nurture them is through economic policies that all companies can benefit from. Reducing tax rates is an example of such a policy. Abating taxes for specific companies through programs like IRBs is an example of precisely the wrong policy.

We need to move away from economic development based on this active investor approach. We need to advocate for policies — at Wichita City Hall, at the Sedgwick County Commission, and at the Kansas Statehouse — that lead to sustainable economic development. We need political leaders who have the wisdom to realize this, and the courage to act appropriately. Which is to say, to not act in most circumstances, except to reduce the cost of government for everyone.

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In Kansas, tax reform is about job creation

by Bob Weeks on April 25, 2012

As explained in the new edition of Rich States, Poor States: ALEC-Laffer State Economic Competitiveness Index, tax policy is vitally important to a state’s economic competitiveness. Unfortunately, Kansas does not perform well against other states.

Two groups working to create a more competitive economic environment in Kansas are Americans for Prosperity, Kansas and Kansas Policy Institute. Their video commercial from earlier this year that explains the urgent situation in Kansas is below.

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Rich States, Poor States 2012 edition released

by Bob Weeks on April 25, 2012

This month American Legislative Exchange Council (ALEC) released the fifth edition of Rich States, Poor States: ALEC-Laffer State Economic Competitiveness Index. As in the past, Kansas performs in the middle of the pack in one measure, below average in another, with little or no progress achieved in making Kansas competitive with other states.

The report’s authors are Arthur B. Laffer, Stephen Moore, and Jonathan Williams. Besides the ranking of the states, the Rich States, Poor States report always contains useful information about economic and tax policy. This year a chapter is titled “10 Golden Rules of Effective Taxation,” starting with “When you tax something more you get less of it, and when you tax something less you get more of it.”

Another important rule or observation is “An increase in tax rates will not lead to a dollar-for-dollar increase in tax revenues, and a reduction in tax rates that encourages production will lead to less than a dollar-for-dollar reduction in tax revenues.” People seek to avoid paying taxes, and as tax rates rise, they will employ various methods to accomplish this. Some will simply stop earning more income. That’s why predictions of increased revenue after tax rate increase are rarely fulfilled. Similarly, when tax rates are reduced, the incentive to avoid taxes is reduced. Additionally, the business decision process is focused on achieving productive economic goals instead of tax avoidance.

Rule five is the famous Laffer Curve: “If tax rates become too high, they may lead to a reduction in tax receipts. The relationship between tax rates and tax receipts has been described by the Laffer Curve.”

Rule seven explains the strategy behind Kansas Governor Sam Brownback’s goal of reducing and eliminating the Kansas income tax: “Raising tax rates on one source of revenue may reduce the tax revenue from other sources, while reducing the tax rate on one activity may raise the taxes raised from other activities.” If business taxes rise, we expect less business, therefore fewer employees with jobs contributing taxes. The converse — if business taxes fall, we expect more business activity — means more employees paying the other taxes that Kansas relies on: sales and property taxes.

In the second chapter — Paving the Path to Prosperity — the authors discuss migration data made available by the Internal Revenue Service. Despite the fact that some states have gorgeous weather and in some states the weather is terrible, that’s not why people move around: “Census data consistently shows that people choose where to live, engage in commerce, and invest based on economic competitiveness.” California and Hawaii are losing many people to states where the economic climate is better. While we in Kansas can’t control the weather, we can control our state’s economic policies: “State elected officials obviously have little control over their states’ 10-day forecasts, but they do control their states’ tax climates. We know tax policy is not the only reason people are motivated to live, invest, or grow a business in a state, but it plays a significant
role. State lawmakers should keep this in mind as they shape public policy.”

The impact of state employee pension plans is also important, write the authors. Kansas is in especially poor condition in the area, and emerging legislation offers some relief for Kansas taxpayers, but not much.

In the chapter “Policies for Growth” the authors address an issue very relevant to Kansas. It is said by many that we need an income tax in Kansas because we aren’t blessed with natural resources like, say, Texas, which receives huge income from the oil industry. First, the author’s note that having an income tax is still harmful: “But while the existence of oil, gas, and other natural resources clearly makes things easier for a state’s government, they do not negate the impact of a state’s income tax.”

In Texas, by the way, three percent of the state’s budget comes from severance taxes. (In Kansas it is 1.1 percent.) While this revenue is helpful to Texas, it isn’t anywhere near the magnitude of benefit that the Kansas government spending lobby would have you believe.

If we need more evidence of the harmful effects of income taxes, the authors present results from the 11 states that have introduced an income tax over the past 50 years. The results? “What we find astonishing is how the size of the economy in each one of these states has declined as a share of the total U.S. economy compared with a time just prior to when each state introduced its income tax. Some of the declines are quite large.”

While there is a link between income tax rates and state economic performance, the authors did not find the same link regarding sales tax rates. It has a neutral effect, they write, and is a preferred method for generating revenue for the states. Sales tax receipts are also less volatile than income tax revenues.

Kansas among the states

Rich States, Poor States evaluates state economies two ways. The “Economic Outlook Ranking” is a forecast looking forward. It is based on factors that are under control of the states. The “Economic Performance Ranking” is a backward-looking rating that measures state performance, again using variables under control of each state.

For Economic Performance Ranking, Kansas is ranked 39 among the states, near the bottom in terms of positive performance. In the 2010 edition, Kansas was ranked 40th, and in 2010, 34th. Kansas is not making progress in this ranking of state performance.

In the forward-looking Economic Outlook Ranking, Kansas ranks 26th. Again, Kansas is not making progress, compared to other states. In annual rankings since 2008 Kansas has been ranked 29, 24, 25, 27, and now 26.

In this ranking, Kansas performs well for having no inheritance or estate tax, having a good state liability system, a state minimum wage that is not higher than the federal minimum wage, having low workers’ compensation costs, and being a right-to-work state.

Areas in which Kansas performs poorly include personal income tax progressivity, sales tax burden, recently legislated tax changes, debt service, and number of tax expenditure limits (Kansas has none).

A problem in Kansas is the number of government employees. The measure “public employees per 10,000 population” is 708.2, which ranks Kansas 48th among the states. Only Alaska and Wyoming have more government employees per capita.

The complete Rich States, Poor States report is available for purchase or free download at Rich States, Poor States: ALEC-Laffer State Economic Competitiveness Index. An oped in the Wall Street Journal by authors Laffer and Moore is at A 50-State Tax Lesson for the President: Over the past decade, states without an income levy have seen much higher growth than the national average. Which state will be next to abolish theirs?.

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Recently both chambers of the Kansas Legislature passed similar bills authorizing a five year extension of the Kansas STAR bonds program. In the House the bill passed 92 to 31. In the Senate the vote was 27 to 13.

The STAR bonds program provides a way to redirect sales taxes to project developers instead of the state treasury, which is where most people think taxes go — or should go.

Not so with STAR bonds. In the words of the Kansas Department of Commerce, the program offers “municipalities the opportunity to issue bonds to finance the development of major commercial, entertainment and tourism areas and use the sales tax revenue generated by the development to pay off the bonds.” This description, while generally true, is not accurate. A proposed STAR bond district in Wichita includes much area beyond the borders of the proposed development, including a Super Target store, a new Cabela’s store, and much vacant ground that will probably be developed as retail. The increment in sales taxes from these stores — present and future — goes to the STAR bond developer.

I asked a number of members of the Kansas House and Senate to explain their votes in favor of extending the STAR bonds program. It was difficult to extract answers, but I finally a received a few.

One member explained to me that some votes are “ugly.” Yes, indeed I would say, including this member’s. But that’s no reason not to vote correctly in favor of limited government, capitalism, and free markets. Sometimes members have to vote according to their campaign promises.

One member explained to me that the bonds that will be sold are bought by private investors, and there’s nothing wrong with that. That’s true, but stopping the thought process there is naive. How are payments on these bonds to be made, we have to ask. The answer is payments are made, at least partially, from the captured sales tax revenue. That’s revenue not earned by the developers. Instead, it is revenue collected by government in the form of taxes that consumers have no choice but to pay. From the developers’ viewpoint (and pocketbook) it is a gift from government that others in similar situations are not able to receive. These gifts of money from government to business are known as cronyism. It is Kansas being business-friendly, which is not the same as capitalism-friendly, and it makes our state poorer and less able to compete.

Some made the argument that STAR bond proceeds can be used only for certain allowable expenses such as “horizontal” expenses. Arguments such as these are commonly made to support government subsidy programs. Supporters argue that since the use of the funds is restricted, this somehow makes it allowable, even benign. But this is nonsense. If I gave you $100 with the stipulation that you could spend it only on Mondays, would anyone deny that you are wealthier by $100? That is, of course, if you were planning to spend money on Mondays. And if you weren’t, couldn’t you shift some of your spending to Mondays?

This is the nonsensical nature of these arguments. Still, many purportedly fiscal conservatives are persuaded.

Simply put, the STAR bonds program turns over taxation to private parties for their own benefit. When we are willing to turn over taxation to the benefit of private interests, we have to wonder a few things:

First, why do we need taxation at all, if we can simply excuse some from participating in the system?

Second: Can something be moral if it is not applied equally to everyone?

Third: Sometimes it is claimed that without the government subsidy, a project is not economically feasible. Developers have lots of ways to make a project appears that it needs government help, and they have multimillion dollar motives to do so. But when something is truly not economically feasible, that means that the judgment of the marketplace is that the product or service is not desired — at least not at a price necessary to make the project profitable. But not to worry — our fearless government leaders will override the judgment of free people trading freely in markets. They will enact a forced transfer of wealth from taxpayers to the developers whose ideas can’t make it in the market. These leaders include Kansas Governor Sam Brownback, Secretary of Commerce Pat George, the Speaker of the House and President of the Senate, and chairs of key committees, except (surprisingly) Les Donovan, chair of the senate tax committee.

For more on the harm to capitalism of the STAR bonds program, see Kansas STAR bonds vote a test for capitalism.

In the House of Representatives, there were two explanations as to why some members voted no. The first one reads: “I vote NO on HB 2561. Star Bonds are a form of failed economic policy that Kansas should distance itself from. It is time for government to stop picking winners and losers and instead promote economic policies and a lower tax structure that all Kansans can benefit from. Star bonds are a form of centralized planning that favors a few at the expense of other taxpayers and businesses. These bonds divert needed money from police, fire, roads, and other core functions of government for 10, 20, and even 30 years. Mr. Speaker, I vote NO, choosing to support the taxpayers who voted me in office.” This was in the names of Pete DeGraaf, Virgil Peck, Jr, Randy Garber, Charlotte O’Hara, Owen Donohoe, and Connie O’Brien.

A second statement read: “HB 2561 goes against my principles of free enterprise and limited government. By redirecting tax revenue to a particular business, STAR bonds create an unequal playing field. STAR bonds favor a few at the expense of other taxpayers and businesses. These bonds divert money needed for core functions of government for decades into the future. It is time for government to stop picking winners and losers and instead promote economic policies and a lower tax structure from which all Kansans can benefit. Mr. Speaker, I stand with the voters that elected me. I vote NO on HB2561.” This was in the names of Jim Howell, Dennis Hedke, TerriLois Gregory, Brett Hildabrand, Greg Smith, Kelly Meigs, Amanda Grosserode, Jana Goodman, Lance Y. Kinzer, Mitch Holmes, Marc Rhoades, Kasha Kelley, Dan Collins, and Tom Arpke.

In the House, there were a number of members who voted in favor of the STAR bonds program in spite of proclamations of fiscal conservatism. Many of these members are looking for ways to reduce the growth of Kansas government and taxes. Some are in high leadership positions. Yet, somehow they didn’t see the harm in voting for the STAR bonds program. This list includes Steve Brunk of Wichita; Richard Carlson of St. Marys and Chair of the House Taxation Committee; Mario Goico of Wichita; Phil Hermanson of Wichita; Kyle Hoffman of Coldwater; Steve Huebert of Valley Center; Dan Kerschen of Garden Plain; Mike Kiegerl of Olathe; Marvin Kleeb of Overland Park and vice-chair of House Taxation Committee; Brenda Landwehr of Wichita; Peggy Mast of Emporia, who is Assistant Majority Leader; Mike O’Neal of Hutchinson, who is Speaker of the House; Les Osterman of Wichita; Joe Patton of Topeka; Scott Schwab of Olathe; Arlen Siegfreid of Olathe, who is Majority Leader; Gene Suellentrop of Wichita; and Brian Weber of Dodge City.

In the Senate, these votes came from Terry Bruce of Hutchinson; Dick Kelsey of Goddard, Jeff King of Independence; Garrett Love of Montezuma; and Susan Wagle of Wichita.

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Wichita pension plan report

by Bob Weeks on April 16, 2012

First, the good news: The condition of Wichita Employees’ Retirement System is nowhere near as dire as Kansas Public Employee Retirement System, or KPERS. But the city is having to make much higher contributions to keep the plan funded. These contribution rates are likely to increase, as the plan relies on unrealistic assumptions.

Wichita has two employee retirement plans, one for police and fire, and another for other employees. The two plans are nearly equal in size, and both experience the same problems.

As a result of low investment returns, the city finds itself saddled with higher retirement plan costs. In 2009, the city’s contribution to Wichita Employees’ Retirement System was $3,887,085. For 2011, it is $7,695,317, an increase of 98 percent in two years. In reality this increase, as large as it is, is not nearly enough to fund the plan if realistic assumptions and accounting was used.

In the words of report authors, the Wichita Employees’ Retirement System plan experienced a “large increase to the unfunded actuarial liability.” In plain language, the plan’s investments did not earn enough in 2011 to meet expected future expenses. This is termed, again by plan authors, an “unfavorable experience.”

The reality is worse than reported, as Wichita uses a valuation method called “asset smoothing.” This technique smooths out uneven investment returns. It means that the recent years of investment losses are not fully incorporated into the official statistics. Again, from the report authors: “Under the asset smoothing method used in the valuation process, a portion of this investment loss is deferred to future years.” Private sector pension plans can’t do this.

As of December 31, 2011, the actuarial value of the plan’s assets — determined using the asset smoothing technique — was $513.3 million. The market value was $458.8 million, or 10.6 percent less. Also, a measure called “Portion of Actuarial Liabilities Covered by Reported Assets” has declined from 90.1 percent in 2009 to 73.9 percent in 2011.

The effect of this unrealized loss on the plan is severe. If these losses were recognized, the city would have to increase its contributions to the plan by a large amount, write the authors: “If the deferred losses were recognized immediately in the actuarial value of assets, the funded percentage would decrease from 93% to 83% and the actuarially determined contribution rate would increase from 12.6% to 17.9%.” (It’s important to remember who pays for these contributions: Wichita taxpayers.)

A chart in the report shows the expected city contribution rate for future years. It rises rapidly, from about 10 percent now to over 16 percent in 2015. This assumes that the plan earns 7.75 percent investment returns.

The ongoing problem

The Wichita retirement plan uses an assumed rate of return of 7.75 percent. Calculations as to how much the city needs to contribute are based on this assumption. The problem is that this rate is simply too high.

In the private sector, pension plans use much lower assumed rates, such as the rate of return on high quality corporate bonds. This might be somewhere between five percent and six percent. If the Wichita retirement plans were re-evaluated using this assumption, the unfunded liability would explode, and the contributions the city would need to make would be much greater, perhaps by one-third. That’s because of the long time frame of pension fund investments, where small changes in rates of return have a large dollar impact.

Solution going forward

The ongoing problem is that city and state pension plans operate under unrealistic assumptions. This means that Wichita is taking on too much risk in the form of future promised benefits that it isn’t presently paying for.

It’s also easy for cities and states to promise generous retirement benefits without paying for them. The solution is to simply stop this practice and adopt what most of the private sector has: Defined contribution plans like 401k plans.

The city has done this, partially, as new employees (not police and fire) are initially in a defined contribution plan. But employees can later decide to move to the defined benefit plan — the type that causes so much trouble for state and local governments. As it turns out, almost all eligible Wichita employees choose to enter the defined benefit plan.

Government employee representation groups are strongly in favor of defined contribution plans. Last year, in its message to its followers, Kansas National Education Association (KNEA, the teachers union) wrote this about defined-contribution plans: “First, they claim that a DC plan gives the employee control over their own retirement. And if you have lots to invest and have the time and knowledge to do so effectively, that might be true. Of course, even if you do, you can end up like the folks who found Enron to be a great investment or trusted Mr. Madoff. The fact is most of us are not prepared to do our own analysis and investment.”

(While KNEA is writing about KPERS, the state employee retirement plan, the principles apply to the Wichita plan.) There’s quite a bit of misinformation here. But before that, a huge irony is that this information is aimed at Kansas schoolteachers, and their union assumes they are not intelligent enough to plan for their own retirement.

In fact, planning for retirement is quite easy and simple. All one needs to do is select low-cost index stock and bond mutual funds, of which there are many. These funds, over the long time horizon appropriate for retirement investing, beat the performance of all managed funds, meaning funds managed by professionals who attempt to analyze markets and earn greater than average returns through an active trading strategy. This is not disputed by anyone except by those who sell actively-managed mutual funds.

“The evidence is clear. Low-cost index funds regularly outperform two-thirds of actively managed funds, and the one-third of actively managed funds that outperform changes from period to period. Even the very few professional investors who have beaten the market over long periods of time — Berkshire Hathaway’s Warren Buffett and Yale University’s David Swensen, for instance — are quick to advise that investors are likely to be much better off with simple low-cost index funds than with expensive actively managed funds.” (Burton G. Malkiel, ‘Buy and Hold’ Is Still a Winner. Also, see the author’s book The random walk guide to investing: ten rules for financial success.)

Generally, most investors would select just one or two funds in which to place their contributions. Over time, investors may want to change the balance or characteristics of the funds they invest in. This again is easy to do. In fact, large mutual fund companies like Vanguard have index funds that automatically shift the balance between stocks and bonds as investors move along towards retirement.

The idea that the teachers union believes that professionals like schoolteachers are not capable of becoming informed and making these decisions is laughable if it weren’t the actual belief of the union. Suggestion: An actually useful and productive role for the teachers union would be to help their members learn to invest for their retirement. Cities like Wichita could do the same.

The problem cited about Enron and Madoff is that some people placed all or nearly all their investments with these two firms. That’s a bad strategy for anyone to follow with their retirement investments. Using index funds will not expose investors to the risk of losing all their money.

The claim by the KNEA that “lots to invest” is required is false. The companies that manage defined-contribution retirement plans accept new employees into the plan no matter how little they have to invest, and they accept their periodic contributions each pay period no matter how small. Scale — the amount available to invest — is not an issue, contrary to the assertions of the teachers union.

One claim made by KNEA is true: defined contribution plans give workers control over their retirement savings. This is a benefit. If a worker has a low tolerance for risk, they can keep their contributions in cash (actually treasury bonds would be the choice for these people). Others who wish to take an active role in the retirement investing can do so, as most plans offer funds that have targeted goals such as real estate, growth stocks, short-term bonds, long-term bonds, etc.

But in KPERS — and the Wichita plan — all members are invested in the mix of investments that the plan trustees decide on. These investments are largely in stocks and bonds, a fact possibly lost upon Jane Carter of Kansas Organization of State Employees. She asked her members “Do you really want to take your retirement security and gamble it on the stock market?” The reality is that KPERS is invested in the stock market, and those returns are essential to funding KPERS benefits. The investments that the trustees choose may not be suitable for each individual member. But KPERS members have no choice.

The point is that the individual is in control, and can choose investments that match their goals.

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By Maurice McTigue, Vice President and Distinguished Visiting Scholar, Mercatus Center at George Mason University. He participated in the forum produced by Kansas Policy Institute this week.

Kansas policymakers left for recess on the heels of a very disappointing jobs report last week. According to the latest jobs report, the state ranked fourth in terms of jobs lost with a 5,700 decrease in employment. As legislators prepare to return in a couple weeks, they should consider what’s best for the Kansas economy. That is, pursue goals that make Kansas a better place to do business than any other state.

Kansas has a history of giving incentives to attract business. Despite this, businesses are leaving, and taking jobs and revenue with them. Legislators should look at all the hoops businesses must go through in Kansas and decide what hurdles can be removed to eliminate uncertainty and make the state more attractive for investment. Instead of asking what subsidy Kansas can give firms to get them to do business here, policymakers should ask existing business what it needs to operate more efficiently and effectively.

Certainty is a key component to sound economic development because it allows businesses to make permanent plans and decisions.

If Kansas had an economic climate that made it the best place to do business, regardless of outside contracts, defense restructuring, or inside subsidies, Boeing might not be leaving in 2013. If businesses understand the tax and regulatory landscape, and can count on it to be permanent, they can make good decisions. Outside factors are offset by a predictable and stable economic climate that allows them to be profitable. Certainty keeps jobs in Kansas creating revenue, not incentives.

The problem with incentives is that they are not free, and result in a cost to someone else since they come from tax revenue. The referendum on the Ambassador Hotel tax exemption in Wichita illustrates this lose-lose situation. If the hotel needs a tax credit to do business, it was likely not competitive in the first place. Businesses and taxpayers naturally oppose unfair advantages, and once subsidies are gone, the business may fail anyway.

To compete, Kansas should first think about businesses and people trading in the local economy and what permanent changes it would take to expand those businesses, instead of offering subsides. For sustainable economic growth, it is better to have 1,000 local businesses hire one extra person than use an incentive to bring in one business that may hire 1,000. Those jobs stay because of the permanent and positive business climate generating revenue, as opposed to jobs resulting from incentives that may leave and cost revenue dollars.

Once achieved, economic competitiveness is not something that can then be forgotten. A major role for any economic development agency should be vigilance in seeking competitive improvements. This includes monitoring processes and procedures that make the state unproductive and advocate for their removal or reform.

Key battles on taxes and the budget lie ahead; jobs and Kansas’s future are at stake. Let’s hope decision makers see fit to avoid merely doing things as they have always been done. Most incentives or subsidies are payments to compensate for things in the economy that need to be fixed, but nobody wants to make the necessary changes. A better economic development program is cultivating a climate where it is unnecessary to offer any special incentives to encourage business and investors to come to your state.

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This Wednesday (April 11th) Kansas Policy Institute will host an educational event focusing on local economic development. This event is vitally important as it is becoming apparent that Wichita’s traditional process of economic development is not working very well. Also, we’ve recently learned that in both Kansas and Wichita, business tax costs are very high, with only a handful of states ranking worse.

To register at no cost for this event, click on EcoDevo Through Economic Competitiveness . Following is information from KPI on this event.

Just last month, Wichita voters took to the ballot box to weigh in on whether the City of Wichita should provide government funded incentives for a new downtown hotel. As the Wall Street Journal wrote after voters decided against this form of corporate welfare:

Local politicians like to get in bed with local business, and taxpayers are usually the losers. So three cheers for a voter revolt in Wichita, Kansas last week that shows such sweetheart deals can be defeated.

This vote was only the latest reminder about the debate surrounding economic development, growth, and competitiveness both in Kansas and around the country.

On one side are people who feel the best way to foster economic growth is at the direction of elected officials and bureaucrats. On the other, are those who believe that creating a pro-growth environment with lower taxes and regulations is the correct tactic with which to create jobs and prosperity for all.

KPI is hoping to look beyond the issue of the Ambassador hotel in Wichita or Solyndra in D.C., and focus on the larger issues at an upcoming mini-summit on 11 April.

National and Kansas experts will join at the WSU MetroPlex for a half-day of panel discussions and expert presentations. This free event is open to the public and you can register here. We’ll have breakfast and lunch and check out the agenda below.

Eco-Devo Through Economic Competitiveness, April 11, 2012

7:30 to 8:15 am: Registration and breakfast.

8:15 am: Welcome: Dave Trabert, President of Kansas Policy Institute.

8:30 am: Implications of Location Matters: A Comparative Analysis of State Tax Costs on Business: Joe Henchman, Vice President of Legal and State Projects at the Tax Foundation.

9:00 am: Shaping Government to Increase Competitiveness: The Honorable Maurice McTigue, Vice President of the Mercatus Center at George Mason University

9:45 am: Break

10:00 am: Panel Discussion: Different Perspectives on Competitiveness and Development. Panelists include:
Ron Wilson, Director of the Huck Boyd National Institute for Rural Development at Kansas State University.
Jeremy Hill, Center for Economic Development and Business Research at Wichita State University.
Art Hall, Ph.D., Executive Director of the Center for Applied Economics at the University of Kansas.
The Honorable Maurice McTigue, Vice President of the Mercatus Center at George Mason University.
Walter Berry, Chair, Wichita Metro Chamber of Commerce Board of Directors.
Nick Jordan, Kansas Secretary of Revenue.

11:45 am: Break

12:00 pm: Lunch served

12:15 pm: A Perspective from Washington: U.S. Representative Mike Pompeo

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Cronyism in the tax code

April 6, 2012

How tax law is formed: “If you really want to understand the nature of our tax code, don’t ask yourself ‘Why are these provisions in the public interest?’ That’s not how taxes are passed. Ask yourself ‘Who benefits from these taxes, and how much political power do they have?’”

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Kansas may again resort to government art

April 2, 2012

Kansas may be ready to restore some state funding for the arts. But for reasons economic, human, and artistic, we ought to keep Kansas government out of art. Kansas should allow people themselves to decide how to spend their own money on what they think is important to them. To implement government funding of art is to override the freedom of individual choice with political and bureaucratic decisions.

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In Kansas, no E-verify, please

March 30, 2012

The hope that if we can somehow stop illegal immigrants from obtaining jobs, then unemployed Americans can go back to work, is a false hope. For that and other reasons, I can’t join with Kansas conservatives who support E-verify and other harsh anti-immigrant measures.

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Kansas and Wichita need pay-to-play laws

March 27, 2012

In Wichita, campaign contributions made to city council candidates often are not about supporting political ideologies — liberal, moderate, or conservative. It’s about opportunists seeking money from government. Pay-to-play laws can help control this harmful practice.

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Kansas STAR bonds vote a test for capitalism

March 26, 2012

An upcoming vote in the Kansas House of Representatives will let Kansans know who is truly in favor of economic freedom, limited government, and free market capitalism — and who favors crony capitalism instead.

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Kansas school establishment defenders: the video

March 26, 2012

A video criticizing the Kansas Policy Institute for placing a series of ads in Kansas newspapers claims KPI “conceals” and “ignores” facts and statistics. But I didn’t have to work very hard to find many gross and blatant mistakes, distortions, and coverups in the video — the same problems found in much of the communications of the Kansas public school spending bureaucracy and establishment.

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In Kansas, public school establishment attacks high standards

March 23, 2012

When a Kansas public policy think tank placed ads in Kansas newspapers calling attention to the performance of Kansas schools, the public school establishment didn’t like it. The defense of the Kansas school status quo, especially that coming from Kansas Commissioner of Education Diane DeBacker, ought to cause Kansans to examine the motives of the school spending establishment and their ability to be truthful about Kansas schools.

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Reform KPERS now for the future

March 21, 2012

Significant structural KPERS reform must happen this year. Our state cannot afford to put this off yet again, writes Kansas State Treasurer Ron Estes.

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Kansas rates low in access to records

March 19, 2012

A report by State Integrity Investigation provides detail on the weakness in the application of the Kansas Open Records Act.

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In Kansas, school reform not on the plate

March 9, 2012

Conventional wisdom this year is that Kansas is struggling with a plan for school reform. The reality, however, is that the state is merely considering a change in how to pay for its schools. No actual reform is contemplated.

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Kansas and Wichita lag the nation in tax costs

March 1, 2012

If we in Kansas and Wichita wonder why our economic growth is slow and our economic development programs don’t seem to be producing results, there is now data to answer the question why: Our tax rates are high — way too high.

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Kansas education data collected but not shared to inform policymaking

February 14, 2012

Would you purchase a refrigerator without comparing models and reading reviews? How about buying a car without a test drive or a home without an inspection? If you’re a taxpayer or parent of a school-age child in Kansas, that’s what your elected representatives have done with public education that spends more than half of the state’s budget and has a major influence on our children.

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An ill wind blows in Kansas: The politics of renewable energy

February 13, 2012

Kansas Representative Charlotte O’Hara, who represents Kansas House District 27 in southern Johnson County, offers a look at the politics surrounding wind power in Kansas.

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Kansas Bioscience Authority hearings, day 2

February 9, 2012

At the second day of testimony regarding a forensic audit of the Kansas Bioscience Authority, a representative of Kansas Governor Sam Brownback was strongly critical of the audit itself, and also of the Board of Directors of KBA. Kansas Secretary of Agriculture Dale A. Rodman, who oversaw the audit process on behalf of the Brownback Administration, also said that legislators who voted to form the KBA should “feel outraged that a golden opportunity that you helped create was taken away from your efforts.”

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Wichita Ambassador Hotel illustrates need for pay-to-play laws in Kansas

February 8, 2012

In the City of Wichita, Sedgwick County, the State of Kansas, and even in Washington DC, we have a problem with rampant legal corruption. The problem deals with the pay-to-play policies of our governments, writes Clinton D. Coen.

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Kansas and Wichita quick takes: Monday January 30, 2012

January 30, 2012

Today: Kansas school forum; Ambassador Hotel to be subject of discussion; Capital gains tax rate; Kan-ed audit; Huelskamp and Sharpton; Education reform blog started; Super PACs.

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For Kansas, spending is the other part of the equation

January 30, 2012

Kansas tax reform is made difficult by the fact that Kansas has a large, big-spending state government.

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Kansas Bioscience Authority

January 27, 2012

The release of a forensics audit of the Kansas Bioscience Authority coupled with two days of joint committee hearings revealed an independent government agency out of control, an audit that draws conclusions described as sanitized of important details, and an agency and legislative supporters who believe that now, all is well at the KBA.

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Guide to Kansas legislative documents

January 24, 2012

Kansas state government has many websites and documents that help understand the Kansas Legislature. But some documents and data are missing.

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In Kansas, the billion-dollar question

January 24, 2012

The Fair Tax could provide a solution to problems in Kansas with the budget and our economic prospects, writes Larry Halloran.

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Kansas Speaker: Schools don’t spend all they have

January 16, 2012

Based on choices that many school districts have made in response to legislation giving them flexibility to spend fund balances, Speaker of the Kansas House of Representatives Mike O’Neal questions whether a school funding crisis actually exists.

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Kansas spending is the problem

January 13, 2012

Kansas Governor Sam Brownback’s tax reform plans are designed to be revenue neutral, when the state should be looking to collect and spend less.

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Kansas and Wichita quick takes: Wednesday January 11, 2012

January 11, 2012

Today: A legislator would do this?; Where to see, listen to State of State Address; Kansas Policy Institute launches blog; Kansas House Speaker criticized; Kansas presidential caucus; Democrats urged to help Republicans; Kansas health issues; Separation of art and state; Numbers trouble Americans; and Capitalism.

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Good news coming for Wichita, says Brownback top aide

January 6, 2012

Speaking to the Wichita Pachyderm Club today, David Kensinger, Chief of Staff for Kansas Governor Sam Brownback, said that Brownback will be in Wichita Tuesday “with a very specific announcement as relates to jobs in the aviation industry.”

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Boeing departure presents challenge for Wichita and Kansas

January 6, 2012

The announcement of the departure from Wichita of Boeing presents challenges for the Wichita area and the state of Kansas. The response of government officials over the next few years will need to depart from past and present practice if Wichita wants to build a dynamic and sustainable economy. With a few exceptions, our current elected officials will likely proceed with targeted economic development, and Wichita and Kansas will miss an opportunity to implement meaningful and lasting change.

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In Wichita, occupiers make presence known at legislative meeting

January 5, 2012

Comments from 53 speakers at a forum in Wichita signal a busy and contentious legislative session is just ahead. About 200 showed up for the South-central Kansas Legislative Forum at the Sedgwick County Courthouse Tuesday night.

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Kansas and Wichita quick takes: Monday December 26, 2011

December 26, 2011

Today: Kansas computer security; KPERS; Kansas Treasurer makes grand circuit; Huelskamp considered objecting; Obama’s regulation; The failure of American schools; Markets: exploitation or empowerment?

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Wichita’s political class

December 9, 2011

Discussion at a Wichita City Council meeting provided an opportunity for citizens to discover the difference in the thinking of the political class and those who value limited government and capitalism.

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Kansas gas storage regulation might not improve safety

December 2, 2011

Should Kansans be relieved that government regulation and inspection of underground natural gas storage may be resumed soon?

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Kansas PEAK program: corporate welfare wrapped in obfuscation

November 28, 2011

Many economic development programs, such as the Kansas Promoting Employment Across Kansas (PEAK) program, are surrounded by confusion that hides the economic reality of the transactions.

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Bombardier Learjet should pay just a little

November 23, 2011

In a presentation made to economic development officials, aviation manufacturer Bombardier LearJet speaks with pride of its investment in Kansas. But for the present project before the Sedgwick County Commission today, it appears that the company is planning to make no investment at all.

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Wichita property taxes are high, leading to other problems

November 21, 2011

High business property taxes in Wichita cause officials to take an “active investor” role in economic development, despite evidence that this approach does not work.

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