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Voice For Liberty

Kansas Attorney General Has it Right

TOPEKA -- Alan Cobb, director of the Kansas chapter of the Americans for Prosperity Foundation, today released the following statement in response to the briefs filed in the State vs. Montoy case currently before the Kansas Supreme Court:

"As questions and concerns swirl about whether or not the Kansas Supreme Court can order a statewide tax increase, we applaud Kansas Attorney General Phill Kline for putting this issue to rest.

In a brief filed yesterday with the court and in response to questions from reporters, AG Kline said clearly that the Kansas Supreme Court does not have the authority to impose taxes or raises the current level of taxation.

From the summary of the brief filed by the Attorney General:

"The Kansas Constitution Prohibits the Supreme Court from Raising Taxes and Prohibits any Expenditure from the State General Fund from Occurring Unless Authorized by Laws Passed by the Legislature." (emphasis added)

The bottom line is that the Legislature has the responsibility to tax and to fund schools appropriately. They've met that burden.

The Kansas Legislature and the Attorney General understand that our state's taxpayers suffer the 15th worst state and local tax burden in the nation as a percentage of income. That's an even heavier tax burden than citizens in the notoriously high-tax states of California and Massachusetts must carry! Also, our ranking this year is twice as bad as it was 20 years ago, when we ranked a much better 31st.

Book review: Knightfall

Knightfall: Knight Ridder and How the Erosion of Newspaper Journalism Is Putting Democracy At Risk

Davis Merritt
Amacom Books, 2005

The theme of this book, written by a former editor of The Wichita Eagle is that over the past few decades, the business of making newspapers has changed from a business unlike any other to a business just like all others, and we are not well served by this change.

Another letter to the editor

Last time I wrote a letter to the Wichita Eagle for publication, I said that I learned my lesson, which was that I needed to be brief. I didn't learn this lesson well.

The Decline of Kansas Documented By Census

By Karl Peterjohn, Kansas Taxpayers Network

Kansas is in a decline. This state is shrinking relative to its peers in the other 49 states. However, some might say, and with some degree of accuracy, that this trend is nothing new. It is clear that the size and impact of this decline is likely to shape this state throughout the first part of the 21st century.

April 21 the U.S. Census Department issued projections for population growth showing that Kansas population will grow at less than 1/3 of the rate of the rest of the country over the next 25 years. This followed Census data showing that over 3/4 of the Kansas counties have lost population since the 2000 census.

Wichita Eagle Says “AirTran Subsidies Foster Competition”

In an editorial in The Wichita Eagle published on April 19, 2005, Randy Scholfield writes: "Wichita should stick to its subsidies. They're fostering competition, not stifling it, and paying off big-time for the community by lowering airfares and boosting economic development."

Kansas Faces Challenges for Growth

By Alan Cobb, Americans For Prosperity Kansas State Director

Many would describe that much of rural Kansas is in decline. Nearly 60 percent of the counties in Kansas have lost population just since 1990. Over half of Kansas’ counties have fewer residents today than 1900.

Just this week the Associated Press reported that stated Kansas is in real danger of losing a Congressional seat during the next reapportionment because of anemic population growth. Kansas population growth from 2000 to 2004 was only 1.7 percent while the nation as a whole grew 4.3 percent. Kansas’ annual growth of less than one-half of one percent should startle anyone concerned about the future of our fine State.

Democrats dominate in top Kansas court

There are three numbers that everyone at the statehouse knows who follows Kansas government: 63, 21, and one. You must have 63 votes to pass a bill out of the Kansas House of Representatives, 21 votes to pass a bill out of the Kansas Senate, and the governor's signature to turn a bill into law.

The Rise of Government and the Decline of Morality

At the time when we have voted on a major issue that was framed in terms of morality, when we have prominent preachers attempting to impose their version of morality on us through the power of government, when we have a mayor who opposes certain businesses for moral reasons, and we have government at all levels spending more and more, we should remember that government is not the basis of morality. In fact, the growth of government has displaced morality. James A. Dorn of The Cato Institute explains why in this article: The Rise of Government and the Decline of Morality.

AirTran Subsidy Remarks

Following are remarks I am delivering to several groups, including the Wichita City Council, in April 2005.

Poetry: Welcome New Council Members

WELCOME NEW COUNCIL MEMBERS

I AM OLD AND SICK AND GETTING GRAY
I DON'T KNOW WHERE I WILL GET THE MONEY THAT THE CITY WANTS ME TO PAY

Tax funds finance Kansas school finance lawsuit

There might not be funds for public school classrooms but for 15 Kansas school districts there is money for financing lawsuits. Since the 1998-99 school year, $2,095,020 has been spent in public funds to pay for the school finance litigation and lawsuit.

The downside of Being the Air Cap

Mr. Clements's article makes a striking conclusion as to why airfares in Wichita were so high. I would be curious as to whether any of our government leaders have read the study. We should also ask why our government leaders are not performing research like this when they propose to spend large sums of taxpayer money.

Why government spending is (mostly) bad

Government spending replaces the judgment of the market with the judgment of politicians. The judgment of the market refers to the billions of decisions that we collectively make each day, decisions that we freely make, that we believe will advance our self-interest. That is to say, the market is characterized by mutual agreement and voluntary consent.

TABOR Criticism Analysis

From the introduction to an analysis by the Tax Foundation:

The state of Colorado is under assault. Opponents of Colorado's Taxpayer Bill of Rights (TABOR) are waging a well coordinated but misleading attack on Colorado's reputation. This attack takes the form of a number of rankings and statistics that purport to show that the Taxpayer Bill of Rights has decimated Colorado. These rankings and statistics are based on the assumption that if Colorado ranks poorly on things like the adequacy of prenatal care and education spending, then Colorado is failing to adequately care for and educate its citizens, and that the Taxpayer Bill of Rights must be to blame. A closer look at the attacks shows that they fail to prove that the amount a state spends on health care and education determines quality, and they also fail to tell the whole truth about the rankings and statistics of the state of Colorado.

The full article is here: An Analysis of Misleading Attacks on Colorado's Taxpayer Bill of Rights

Taxed Out of Business

From the Junction City Daily Union, March 24, 2005

By Kay Blanken
Special to The Daily Union

Friday evening, many of us in Junction City opened our newspaper to the headline, "Local Alco Closing Its Doors." The Kansas City Star reported that 20 Alco stores across Kansas were closing their doors. This is a Kansas corporation that began in Abilene.

I, as a business person, am not surprised. Not just Alco is closing its doors; Kansas has lost many stores and companies in the past four years. Is it bad business practices? I don't think so. Many of the companies and businesses have been successful for many years. What then is happening? Starting three years ago, the state began raising the fees to Kansas businesses and companies trying to make up for the budget shortfall that our Legislature created by overspending. This overspending came from both Republicans and Democrats. Because the Kansas Constitution forbids ending a year without a balanced budget, legislators had to find a way.

Frisky Flunkies in Atchison County

From Karl Peterjohn, Kansas Taxpayers Network


The Wall Street Journal's "Tony & Tacky" section mentioned one Kansas school district on the day the Kansas senate was debating the largest one-year state spending hike for public schools in this century and according to one legislator, in state history. The $127 million increase in state spending would be in addition to the current $2.7 billion the state is already spending. School districts in Kansas are already spending millions of dollars to lobby the legislature, promote student and school employee contacts to try and influence legislators, and sue the state over school finance. School superintendents, like Wichita's tax 'n spend Winston Brooks, have been busy at speaking appearances promoting public school spending growth in excess of $1.4 billion.

Clunker law epealed, surliness not

I received this message from someone who applied for the refund of overpaid sales tax that many in Kansas paid as part of the "clunker law." That law attempted to prevent cheating on sales tax by those who self-reported the price they paid for a car. Some people lied and paid less sales tax than they should have. The state started assessing sales taxes based on an assessment system that sometimes overvalued a car. This year the legislature passed a law allowing those who overpaid to seek refunds. A good idea -- but sometimes, as this story illustrates, a bit difficult to take advantage of.

Senator Ruth Teichman, Republican in Name Only?

This is an interesting analysis that I received from Karl Peterjohn, Executive Director Kansas Taxpayers Network. What Karl doesn’t mention is that Senator Teichman is a Republican.


Bob,

This response is so interesting and the timing is so remarkable that I want to submit it for Wichita Liberty. Sen. Teichman responds to my mid-February email that I sent her opposing SB 58. Shortly thereafter, she voted to APPROVE SB 58 on the floor of the Kansas senate. March 22, 2005 the Kansas house votes for SB 58 in an unamended form so it will go directly to the governor for her signature.

Today, March 24, I received her response to my February 15 e-mail! The timing of this response provides a fascinating insight into the Kansas legislature in general and Senator Teichman in particular. You might also find it interesting to know that Sen. Teichman's lifetime KTN fiscal vote rating is only 9.7%, and is now the lowest of the currently serving Kansas senators. Sen. Buhler's was 3.9% but he was beat last November. Her fiscal vote rating is going to continue to be low as Senator Teichman continues to mistreat taxpayers.

Karl Peterjohn

Ruth Teichman wrote:
Date: Thu, 24 Mar 2005 13:25:50 -0600
From: "Ruth Teichman"
To:
Subject: Re: SB 58 Arena tax bill

Thank you for your comments. I appreciate your concerns.
Senator Ruth Teichman

>>> kpeterjohn 02/15/05 12:58 >>>

Senators:

A quick reminder of six reasons why the Kansas Taxpayers Network testified in opposition to SB 58 in senate tax committee earlier this month.

1) SB 58 makes a bad law, KSA 12-187 worse.

2) SB 58 adds a retroactive provision to KSA 12-187. KTN is adamant in opposing retroactive provisions to state tax law.

3) SB 58 treats Kansas citizens as second-class to local units who can ignore state law with impugnity if this law is passed.

A better way to pick judges

Election of judges invites corruption because attorneys and other special-interest groups contribute money to judges' election campaigns. It is doubtful whether one voter in 10 could even name two of the 25 judges currently on the court. And if they could name two judges, would they have any idea regarding their job performance? Thus it appears that voters do not make an "informed choice" in the voting booth, and instead select judges based on name recognition, party affiliation or yard-sign count.

Sedgwick County Arena Sales Tax Ready to Pass

Following is a message from Karl Peterjohn, Executive Director Kansas Taxpayers Network, regarding the debate over SB 58, allowing Sedgwick County to raise its sales tax to pay for the downtown Wichita arena. I listened to the (as Karl rightly characterises it) "debate." Karl's reporting of the legislative action and the effects the sales tax will have is accurate. (Someone called the sales tax the "Western Butler County Improvement Act.") You may listen to the debate by using this link: https://wichitaliberty.org/files/SB_58_House_2005-03-21.mp3 (10 MB mp3 file).


After a relatively brief and lackluster debate, the 1 cent sales tax hike for the downtown arena in Wichita received preliminary approval in the Kansas house March 21 on a voice vote. SB 58 will be voted upon for final action tomorrow in the Kansas House of Representatives. This odious bill should have been amended but a bipartisan group of Wichita legislators worked hard and were successful in keeping it "clean" so there weren't any amendments. An amendment would have required a conference committee and a delay in enacting this tax. SB 58 will be passed easily and signed by the governor within the next couple of weeks.

The closest amendment to getting added to this bill was a "prevailing wage," amendment offered by Democrat Minority Leader McKinney that failed on a division vote (no roll call) with over 40 yes votes. Prevailing wage would require union wages for the construction of this project but even the Democrats did not press this very hard since they did not even bother forcing a roll call vote on this amendment.

After some desultory comments by proponents, Rep. Huebert offered an amendment to address the uniformity issue but then withdrew it following Rep. Wilk's opposition and promise that the tax committee that Wilk chairs would take up this issue shortly.

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