Search results for: “smoking”

  • Kansas and Wichita quick takes: Thursday October 28, 2010

    Final fourth district forum. Last night’s debate or forum between all four candidates running for the Kansas fourth Congressional district was the last such event before Election Day. Hosted by KSN Television and moderated by John Snyder, all four candidates appeared: Reform Party candidate Susan Ducey, Democrat Raj Goyle, Republican Mike Pompeo, and Libertarian Shawn Smith. Goyle used almost every question as an opportunity to launch an attack on Pompeo, particularly on the issue of outsourcing of jobs. No dummy — he did go to Harvard law school, after all (so did Pompeo) — Goyle used some clever and creative license to morph nearly every question into these attacks. Pompeo largely ignored Goyle’s attacks but still got in a few digs at him. … Ducey and Smith kept to their principled arguments of limited government and free markets and avoided attacks on each other and the two major party candidates. Ducey, particularly, referred to the constitutionality of programs several times and her belief in states’ rights. Smith’s belief in the superiority of free markets was crystal clear. In his final statement, he referred to the “road to serfdom.” … For those who have been following the campaigns of the two major party candidates, not a lot of new information was presented in the forum. The real news, I think, is the competent and credible performances of the two minor party candidates, Ducey and Smith. They did well in terms of their presentation. Most importantly, if you believe in individual liberty, limited government, and free markets, these two candidates deserve your serious consideration.

    Kansas Republicans in control. KWCH Television and SurveyUSA released new polling showing Republicans firmly in the lead for Governor, Secretary of State, and Treasurer. The only race that is close is for Attorney General, where challenger Derek Schmidt leads incumbent Stephen Six 50 percent to 42 percent. Of this race, the pollster commented: “Incumbent Attorney General Steve Six remains the Kansas Democrat with the best chance of keeping his job, but even he trails his rival Republican Derek Schmidt by 8 points, unchanged from the previous poll. Schmidt led by 20 points when polling began in August, but has led in single-digits since. 20% of Republicans cross-over to vote for Six. Independents in this contest break for the Democrat. There continues to be volatility in this race; among seniors, typically the most stable and reliable voters, the lead has changed 4 times in 4 polls.” Interestingly, all three Democratic incumbents — Six, McKinney, and Biggs — have large advantages in fundraising over their Republican challengers.

    Tweet of the day. @bob_weeks: Government cake was pretty good at Wichita’s National Center for Aviation Training ribbon cutting ceremony.

    Smoking ban now fiscal issue. Today’s Wichita Eagle editorial by Rhonda Holman laments the fact that there’s a possibility the Kansas statewide smoking ban might be overturned. Holman has never respected the property rights-based argument against smoking bans, nor the individual responsibility argument. Now she raises the financial argument for the ban: “Yet in Kansas, the momentum among leaders risks going the wrong way — against public health and the recognition that government has a fiscal responsibility to ban public smoking.” The fiscal responsibility Holman cites comes from the fact that the state pays a lot of the costs of health care, and if fewer people smoke, the state could save money. Perhaps. Next year, I expect Holman to use the same arguments in favor of a ban on alcoholic beverages, salty foods, sugary soda pop, cheeseburgers, and anything else that will increase health care costs. Seriously. By the way, this government regulation of behavior often does not work and produces unintended consequences, as in the recent findings that bans on texting while driving have increased accident rates in some states. Holman supported the Kansas texting ban for safety reasons.

    Many more have voted. As of yesterday in Sedgwick County, 39,000 mail ballots have been returned, and 6,300 people had voted in person. Since there are about 260,000 registered voters in the county, 18 percent of all possible voters have already voted. But looking at likely voters — in the 2006 midterm election 118,258 ballots were cast — perhaps 40 percent of likely voters have already voted. In the 2008 general election — a presidential election year — 194,688 ballots were cast, so using that denominator, 24 percent of likely voters have voted.

    A reason to vote early. Yesterday this column discussed reasons why voters may want to wait until close to Election Day to vote. But there is one reason for voting as early as possible. If you don’t want voter contact — telephone calls, mailings, people knocking on your door — voting early might reduce the number of contact attempts. This is because campaigns, if they want, can receive a list of voters who have returned their ballots each day. Savvy campaigns will then cross these voters off their lists so they don’t waste effort contacting those who have already voted. To make this work well, you’d want to get everyone in your household to vote early.

    Vote machine “malfunctions” reported. There have been several reports that at advance voting locations in Wichita, when the machine flipped to display the page for U.S. Congress, one candidate’s name was already checked, just as if the voter had touched it already. The voters were able to un-check that vote and vote for their intended candidate. I suggested to the tipster that she have people take still photographs, perhaps using a smartphone, of each screen as the voting machine presented it. But an even better solution that would eliminate all source of doubt is this: As you vote, use your smartphone to take video of the entire process. This, I believe, would produce strong evidence of voting machine irregularities, if it is happening.

    Wichita Eagle voter guide. Click here. You can get a list of the candidates, along with their responses to questions, customized for your address.

    Outside spending cuts both ways. Debra J. Saunders of the San Francisco Chronicle: “White House adviser David Axelrod went after the Chamber of Commerce earlier this month, calling its $75 million campaign ‘a threat to our democracy.’ But as the Wall Street Journal reported last week, the public employees union AFSCME is spending $87.5 million on 2010 campaigns.”

    Kansas House could shift. It’s often mentioned that Republicans have large margins in both the Kansas House of Representatives and Senate. In the House, however, there’s a working body of about 55 reliably conservative members. The other Republicans — moderates, they’re called — will vote with Democrats for things like sales tax increases. This could change, however. It’s thought by some that conservatives picked up four seats in the August primary election, getting the House up to 59 reliable conservative votes. 63 votes are needed to have a majority and pass a bill. Can conservatives pick up more seats next Tuesday? Might the prospect of a conservative majority and a conservative governor flip a few moderate Republicans? We may know on Wednesday — or maybe not.

    Ballotpedia to have election night coverage. The website Ballotpedia will have election night coverage focusing on ballot issues, state legislative contests, and state attorney general races. Did you know that voters will be electing 6,125 state legislators next week? See What to expect from Ballotpedia election coverage on November 2 for details on the coverage.

    Report voter fraud, by phone. American Majority Action has developed and released a voter fraud app for smartphones. Describing it, AMA says “This free, cutting edge system will enable voters to take action to help defend their right to vote. Whether you’re a campaign junkie, or just want a better America, Voter Fraud will help you report violations at the election booth and serve to uphold the democratic process.” I downloaded it for my iPhone.

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

  • Sin-tax or vice-tax?

    Sin-tax or vice-tax?

    As Kansas considers raising additional revenue by raising the tax on tobacco and alcohol, let’s declare the end to governmental labeling of vice as sin, and people as sinners.

    Smoking cigarettes and drinking alcohol are vices, not sins. Yes, some religions may label these activities as sins, and the people who engage in them, sinners. That is fine for them to do. But these sins — no, vices — harm no one except the person practicing them. Yes, I know that some will say that alcohol fuels aggression in some people, and that leads to harm to others. If they really believe that line of reasoning, they should call for the prohibition of alcohol rather than the state to profiting even more from its sale. (And we know how well prohibitions work [not].)

    Say, if smoking and drinking are sinful, what does it say about the State of Kansas profiting from these activities? And what about the state having an even greater rooting interest in smoking and drinking, so there is more for the state coffers?

    At one time gambling was illegal in Kansas. It was a sin, we were told. But then the state found it could profit from gambling, first through the lottery, and now through full-service casinos. But gambling is still illegal, unless the state controls it — and profits from it. What constitutes sin, it seems, is in the eye of the beholder — and profiteer.

    Like the general sales tax, these special sales or excise taxes are regressive, falling hardest on those least able to pay. If we feel sorry for those who drink or smoke, how about this: Let’s offer them a good word or a hand up — not a kick in the teeth in the name of propping up state spending.

    By the way: Many of those who may vote on these higher Kansas taxes have signed a pledge to not raise taxes. I wonder if we can place a tax on violating a pledge made to to voters.

    Lysander Spooner wrote long ago:

    Vices are those acts by which a man harms himself or his property.

    Crimes are those acts by which one man harms the person or property of another.

    Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property.

    In vices, the very essence of crime — that is, the design to injure the person or property of another — is wanting.

    It is a maxim of the law that there can be no crime without a criminal intent; that is, without the intent to invade the person or property of another. But no one ever practises a vice with any such criminal intent. He practises his vice for his own happiness solely, and not from any malice toward others.

    Unless this clear distinction between vices and crimes be made and recognized by the laws, there can be on earth no such thing as individual right, liberty, or property; no such things as the right of one man to the control of his own person and property, and the corresponding and coequal rights of another man to the control of his own person and property.

    For a government to declare a vice to be a crime, and to punish it as such, is an attempt to falsify the very nature of things. It is as absurd as it would be to declare truth to be falsehood, or falsehood truth.

  • Kansas news digest

    News from alternative media around Kansas for February 16, 2010.

    Supreme Court denies motion to reopen Montoy case

    (Kansas Liberty) “The Kansas Supreme Court decided today that it would not be reopening the Montoy school funding case. … Reopening the Montoy case would have saved the districts a significant amount of time and money.”

    Committee considers school consolidation

    (Kansas Liberty) “Small district complains that community economically relies on schools, Representative says towns should not solely rely on taxpayer dollars to function.”

    Groups launch government transparency Web page

    (Kansas Liberty) “Americans for Prosperity and the Kansas Policy Institute have teamed up to provide an online transparency tool that will allow Kansas residents to see exactly how the government uses their taxpayer dollars.”

    Joe the Plumber Campaigns For 4th Dist. Candidate Jim Anderson

    (State of the State KS) “Joe ‘The Plumber’ Wurzelbacher talks about his role in the 2008 Presidential election and why he is endorsing 4th Congressional District candidate Jim Anderson (R).”

    Senate Education Debates Catastrophic Aid For School Districts

    (State of the State KS) “The Senate Education Committee debated changes to catastrophic aid for school districts after claims jumped to $12 million in 2009 and are estimated to be $47 million this year.”

    Rep. Jim Ward Discusses Education Funding and Budget Solutions

    (State of the State KS) “Rep. Jim Ward (D) talks about budget options. He is the House Assistant Minority Leader.”

    House panel rejects proposed tax-break moratorium

    (Kansas Reporter) “TOPEKA, Kan. – Kansas House Taxation committee members rejected a state panel’s recommended three-year moratorium on new sales, property and other tax exemptions.”

    Sales tax plan hurts low income Kansans, critics say

    (Kansas Reporter) “TOPEKA, Kan. – A Kansas panel’s proposal to streamline sales tax exemptions in the state would hurt many of the state’s most fragile citizens, critics told state legislators.”

    Supreme Court denies schools’ bid to reopen funding suit

    (Kansas Reporter) “TOPEKA, Kan. – Kansas’ Supreme Court Friday rejected a request by 74 Kansas schools to reopen a landmark school financing case and allow the schools to seek a reversal of recent state school funding cuts.”

    House committee rejects moratorium on tax credits or exemptions

    (Kansas Health Institute news service) “TOPEKA – The House Taxation Committee concluded hearings Tuesday on a bill that would repeal sales tax exemptions for non-profits and charities and eliminate the state exemption on the sale of residential utilities.”

    People who lost state-funded social services tell their stories

    (Kansas Health Institute news service) “TOPEKA – Daniel Perez is a single parent. His 18-year-old son, Danny, is severely autistic. When left alone, Danny will spend hours crinkling cellophane. ‘It’s what he likes to do,’ his father said.”

    Government payrolls show continuing, long-term growth as private sector jobs decline

    (Kansas Watchdog) “Kansas continues to lose private sector jobs as it adds more taxpayer-funded government jobs, a trend mirrored at the national level. The private sector lost 57,900 jobs between December 2007 and December 2009 while government added 3,200 jobs in Kansas according to the U.S. Bureau of Labor Statistics (BLS).”

    Fuzzy “Facts” vs Freedom in Smoking Ban Debate

    (Kansas Watchdog) “There’s almost no debate that smoking is unhealthy, but there’s plenty of debate about whether and how to implement a statewide ban on smoking in public to reduce exposure to second-hand smoke. Interested citizens, lobbyists and speakers filled the Health and Human Services hearing room in the Docking building Wednesday.”

    LPA School Consolidation Audit Points the Way for Savings

    (Kansas Watchdog) “Monday’s Legislative Post Audit school consolidation report found the state could save as much as $138 million per year by consolidating smaller school districts. … Several district superintendents filed objections to the report, most citing a desire for local control of consolidation decisions and a desire to avoid the challenges of working with other districts. LPA auditors stated, ‘None of the issues they raised prohibit consolidation.’”

  • Kansas and Wichita quick takes: Sunday March 13, 2011

    Wichita city council this week. There is no meeting of the Wichita City Council this week, as most members will be attending a meeting of the National League of Cities in Washington, DC. These conferences are designed to help council members be more effective. But for three of the council members that will be attending, their future service on the council is measured in days, not years. These three lame duck members — Sue Schlapp, Paul Gray, and Roger Smith — will be leaving the council in April when their terms end. Their participation in this conference, at taxpayer expense, is nothing more than a junket — for lame ducks.

    How attitudes can differ. At a recent forum of city council candidates, one candidate mentioned the five or six police officers conducting security screening of visitors seeking to enter Wichita city hall, recognizing that this doesn’t create a welcoming atmosphere for citizens. Vice Mayor Jeff Longwell said he thought the officers are “accommodating and welcoming.” It should be noted that Longwell carries a card that allows him to effortlessly enter city hall through turnstiles that bypass the screening that citizens endure. Further, it’s natural that the police officers are deferential to Longwell, just as most employees are to their bosses. … This attitude of Longwell is an example of just how removed elected officials can be from the citizens — and reality, too. Coupled with the closing of the city hall parking garage to citizens and the junket for lame ducks described above, the people of Wichita sense city hall elected officials and bureaucrats becoming increasingly removed from the concerns of the average person.

    Private property and the price system. In The Science of Success, Charles Koch succinctly explains the importance of private property and prices to market economies and prosperity, how government planning can’t benefit from these factors, and the tragedy of the commons: “Private property is essential for both a market economy and prosperity. There cannot be a market economy without private property, and a society without private property cannot have prosperity. To ensure ongoing innovation in satisfying people’s needs, there must be a robust and evolving system of private property rights. Without a market system based on private property, no one can know how to effectively allocate resources. This is because they lack the information that comes from market prices. Those prices depend on voluntary exchanges by owners of private property. Prices and the resulting profit and loss guide entrepreneurs toward satisfying the needs of consumers. Through this system, consumers are able to direct entrepreneurs in efficiently allocating resources through knowledge and incentives in a way no central authority can. … The biggest problems in society have occurred in those areas thought to be best controlled in common: the atmosphere, bodies of water, air, streets, the body politic and human virtue. They all reflect aspects of the ‘tragedy of the commons’ and function much better when methods are devised to give them characteristics of private property.”

    Toward a free market in education. From The Objective Standard: “More and more Americans are coming to recognize the superiority of private schools over government-run or ‘public’ schools. Accordingly, many Americans are looking for ways to transform our government-laden education system into a thriving free market. As the laws of economics dictate, and as the better economists have demonstrated, under a free market the quality of education would soar, the range of options would expand, competition would abound, and prices would plummet. The question is: How do we get there from here?” Read more at Toward a Free Market in Education: School Vouchers or Tax Credits?. … This week in Kansas a committee will hold a hearing on HB 2367, known as the Kansas Education Liberty Act. This bill would implement a system of tax credits to support school choice, much like explained in the article.

    Are lottery tickets like a state-owned casino? This week a committee in the Kansas House of Representatives will hear testimony regarding HB 2340, which would, according to its fiscal note, “exempt from the statewide smoking ban any bar that is authorized to sell lottery tickets under the Kansas Lottery Act.” The reasoning is that since the statewide smoking ban doesn’t apply to casinos because it would lessen revenue flowing to the state from gaming, the state ought to allow smoking where lottery tickets are sold, as they too generate revenue for the state.

    Money, Banking and the Federal Reserve. This month’s meeting of the Wichita chapter of Americans for Prosperity, Kansas features a DVD presentation from the Ludwig von Mises Institute titled “Money, Banking and the Federal Reserve.” About the presentation: “Thomas Jefferson and Andrew Jackson understood “The Monster.” But to most Americans today, Federal Reserve is just a name on the dollar bill. They have no idea of what the central bank does to the economy, or to their own economic lives; of how and why it was founded and operates; or of the sound money and banking that could end the statism, inflation, and business cycles that the Fed generates.” The event is Monday (March 14) at 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.

    Wichita-area legislators to meet public. Saturday (March 19th) members of the South-Central Kansas Legislative Delegation will meet with the public. The meeting will be at Derby City Hall, 611 Mulberry Road (click for map), starting at 9:00 am. Generally these meetings last for two hours. Then on April 23 — right before the “wrap-up session” — there will be another meeting at the Wichita State University Hughes Metropolitan Complex, 5015 E. 29th Street (at Oliver).

    Pompeo to meet with public. If you don’t get your fill of politics for the day after the meeting with state legislators, come meet with United States Representative Mike Pompeo, who is just completing two months in office. Pompeo will be holding a town hall meeting at Maize City Hall, 10100 W. Grady (click for map) starting at 1:00 pm on Saturday March 19th.

    Losing the brains race. Veronique de Rugy writing in Reason: “In November the Organization for Economic Cooperation and Development (OECD) released its Program for International Student Assessment scores, measuring educational achievement in 65 countries. The results are depressingly familiar: While students in many developed nations have been learning more and more over time, American 15-year-olds are stuck in the middle of the pack in many fundamental areas, including reading and math. Yet the United States is near the top in education spending.” … A solution is to introduce competition through markets in education: “Because of the lack of competition in the K–12 education system. Schooling in the United States is still based largely on residency; students remain tied to the neighborhood school regardless of how bad its performance may be. … With no need to convince students and parents to stay, schools in most districts lack the incentive to serve student needs or differentiate their product. To make matters worse, this lack of competition continues at the school level, where teacher hiring and firing decisions are stubbornly divorced from student performance, tied instead to funding levels and tenure.” The author notes that wealthy families already have school choice, as they can afford private schools or can afford to move to areas with public schools they think are better than the schools in most urban districts.

    Teachers unions explained. A supporter of the teachers unions is questioned about her belief that the unions need more money and power. In Kansas, the teachers union in the form of Kansas National Education Association (KNEA) and its affiliates consistently opposes any attempt at reform.

  • Kansas news digest

    News from alternative media around Kansas for February 22, 2010.

    Proponents of bill want to force ‘charity’

    (Kansas Liberty) “Kansas hospitals say they have been stepping up to the plate and helping individuals with their health bills, but left-wing organizations say the goodwill assistance needs to be required by law.”

    Senate kills attempt to abolish death penalty

    (Kansas Liberty) “The Kansas Senate deliberated today for several hours on whether to repeal the state’s death penalty. Much of the debate focused on how legislators’ religion played into their decision to either support or oppose the legislation and whether the families of victims sought the death penalty for offenders.”

    Unelected SOS to make crucial appointment in 2010

    (Kansas Liberty) “Because of the timing of former Secretary of State Ron Thornburgh’s resignation, the person Gov. Mark Parkinson appoints to replace Thornburgh will have the ability to make an appointment of his own, in addition to serving on the state’s three-member canvassing board.”

    Kansas Senator Tom Holland Announces Democratic Bid For Governor

    (State of the State KS) “Kansas Senator Tom Holland (D) announced his bid to become the next Governor of Kansas on Wednesday.”

    Water Conservation Raises Concern of Stockpiling for Financial Gain

    (State of the State KS) “A water conservation effort raised concerns over hording of water for financial gain when other businesses around the state could put the water to use.”

    Tea Party Activists Vet Candidates at Winter Rally

    (State of the State KS) “Republican and Libertarian candidates campaign for votes with Tea Party activists on Saturday in Wichita.”

    Texting ban passes Senate

    (Kansas Health Institute News Service) “TOPEKA – The Kansas Senate has approved a ban on sending text messages and e-mails while driving. The Senate approved Senate Bill 351 by a margin of 34-6 after making the penalty for a first-time offense a $100 fine. Use of a hands-free cellular telephone while driving would not be an offense and e-mailing or texting would be allowed in emergencies.”

    Child welfare hearings rescheduled

    (Kansas Health Institute News Service) “TOPEKA – Blame it on the blizzard. The chairman of the House Federal and State Affairs Committee said he had to reschedule a series of hearings on child welfare issues because he couldn’t reach the featured speakers, both of whom work in Washington, D.C.”

    Bankers see bleak job prospects for Kansans

    (Kansas Reporter) “TOPEKA, Kan. – Prospects for Kansas’ and the Midwest’s struggling economies took a turn for the worse in February on bleaker jobs prospsects, according to a monthly survey of bank executives. The Rural Mainstreet Index, an economic barometer for small town economies in 11 Midwestern states, dropped to 36.6 in February from 41.1 in January, primarily because of an expected drop in new job opportunities, reports Creighton University economist Ernie Goss, one of the creators of of the monthly survey.”

    Kansas needs stronger plan for tax breaks, audit finds

    (Kansas Reporter) “TOPEKA, Kan. – Kansas needs a stronger system for determining when to grant tax breaks to a wide variety of charities, public service groups, business development organizations and others, say two state audits released Wednesday.”

    Audit: Redrawing court districts would save millions

    (Kansas Reporter) “TOPEKA, Kan. – Crunching Kansas’ 31 state judicial districts into 13 potentially would save the state about $6.2 million annually, legislative auditors told the Kansas House Appropriations Committee Tuesday.”

    Smoking Ban Advocate Says Some Claims Just Smoke

    (Kansas Watchdog) “Opponents to a statewide total smoking ban say anti-tobacco advocates are playing a little loose with their facts. They have an unlikely ally in Michael Siegel, a medical doctor and professor of community health sciences at Boston University’s School of Public Health. He’s a long-standing anti-tobacco advocate, a proponent of smoking bans and a strong critic of bad science.”

    Schools for Fair Funding Proceeds with Lawsuit; Permits No-notice Meetings

    (Kansas Watchdog) “NEWTON – Schools for Fair Funding (SFFF) voted today to proceed with a lawsuit seeking an increase in state education funding. Today’s meeting was the first since the Kansas Supreme Court’s rejection last week of the group’s petition to reopen the Montoy case mandating increased funding for K-12 public education. The group also made several changes to its bylaws, including one that allows an expanded board of directors to hold unannounced meetings.”

    Kansas Supreme Court Justice asks Ethics Commission for opinion

    (Kansas Watchdog) “TOPEKA – On Wednesday Kansas Supreme Court Justice Carol Beier asked the Ethics Commission whether the retention election for the position of Justice of the Kansas Supreme Court was governed by the Kansas Campaign Finance Act. One member of the commission commented about the irony of a Supreme Court justice asking for an opinion in a legal matter.”

    Government payrolls show continuing, long-term growth as private sector jobs decline

    (Kansas Watchdog) “Kansas continues to lose private sector jobs as it adds more taxpayer-funded government jobs, a trend mirrored at the national level. The private sector lost 57,900 jobs between December 2007 and December 2009 while government added 3,200 jobs in Kansas according to the U.S. Bureau of Labor Statistics (BLS). Local government grew the most over the two years, adding 2,000 jobs for a total of 182,900 jobs in the state, followed closely by the federal government which added 1,900 jobs for a total of 26,000. State government jobs decreased by 700 to 53,100 jobs.”

  • In Kansas Legislature, a bad year for freedom and liberty

    It was a bad year for economic freedom in the Kansas Legislature. There were the big votes that most people know of — the big-spending budget, the increase in the sales tax, and the statewide smoking ban — but the legislature passed — and the governor signed — many other laws that chip away at personal liberty and economic freedom. The following list contains many of these bills.

    This list was produced by Bob Corkins of Kansas Votes, a project of the Kansas Policy Institute. It contains only bills that were enacted into law. There were, of course, some bad bills that didn’t make it all the way through the lawmaking process.

    Corkins said that 2010 was the worst session for personal liberty that he could think of in more than two decades of working in the Kansas Statehouse. In many cases these bills had broad support among conservatives.

    Some of these bills are concerned with what people might consider to be minor, unimportant matters. But the legislature thought they were important enough to be the subject of legislation. And while some might seem to chip away at personal liberty and economic freedom in small, insignificant ways, taken together over years, it all adds up.

    Further, when lawmakers pass laws like this and no one complains, and when they get re-elected year after year, it emboldens them to take on bigger challenges to personal liberty and economic freedom, like increasing sales or other taxes. It hardens their resolve to block expansions of economic freedom like school choice programs.

    An example of a bill contrary to personal liberty and economic freedom is House Bill 2130, which requires every occupant of a car to wear a safety belt. Now I happen to think seat belts are a great idea. I always wear mine and ask everyone in my car to wear theirs. But it’s a different matter when the state requires their use. It’s an example of lawmakers trying to protect us from ourselves. Once they start down this road, it’s very difficult for them to stop.

    I’m aware of the argument that says because automobile accidents produce serious and costly injuries that drive up the cost of health care for everyone, and seat belt use reduces the severity of these injuries, we ought to regulate the behavior of people by requiring use of seat belts. We can expect to see arguments made like this more often as our nation moves towards greater collectivization of health care and its costs. What we ought to do, however, is reverse this trend in health care.

    An example of a move away from a uniform tax system is House Bill 2554, authorizing the PEAK (Promoting Employment Across Kansas) program. This program allows certain employers to keep most of the withholding tax their employees pay. Programs like this are contrary to economic freedom because, in this case, we have the state deciding how to direct resources. An alternative that is in harmony with economic freedom is to rely on free markets for this guidance. Besides being contrary to economic freedom, there is scant evidence that economic development programs like this work, in terms of increasing overall prosperity.

    Don’t think for a moment, however, that conservative Kansas legislators rose in opposition to this bill and its intervention into free markets. In the Senate, the bill passed 40 to zero. In the House, the bill passed 109 to 12. Of the 12 votes in opposition, eleven were from Democrats who mostly have far-left voting records. Brenda Landwehr was the only Republican to vote against this bill.

    Another example of government intervention in markets is Senate Bill 430, which restored and boosted a historic preservation tax credit program. In my testimony to a House committee on this bill, I said “We must recognize that a tax credit is an appropriation of Kansans’ money made through the tax system. If the legislature is not comfortable with writing a developer a check for over $1,000,000 — as in the case with one Wichita developer — it should not make a roundabout contribution through the tax system that has the same economic impact on the state’s finances.”

    Principles of economic freedom and personal liberty contend that the state should not be spending this money, whether through direct appropriations or the tax system. Very few conservatives voted against this bill on these principles.

    The following list of enacted bills is ordered, Corkins says, from the “most atrocious to the merely very bad.” Each bill is linked to its page on Kansas Votes.

    Senate Bill 572 (Propose state budget for 2011)
    to approve a state budget that would authorize total spending for the current 2010 fiscal year of $5.416 billion in State General Fund spending (SGF, that portion of the budget paid primarily with state-imposed sales and income taxes) and $14.414 billion from All Funds (including SGF, federal aid, and state agency fees), and for spending $5.621 billion SGF and $13.685 from All Funds in fiscal year 2011.

    House Bill 2360 (Increase state sales, income taxes)
    to enact a state sales tax increase from the current 5.3 percent up to 6.3 percent, amend the Kansas Taxpayer Transparency Act, expand the food sales tax rebate program, and expand the state earned income tax credit (EITC) program.

    House Bill 2221 (Ban smoking in public and workplaces)
    to ban smoking in enclosed areas, including all public places, any placy of employment, taxicabs, hallways and more, but would not apply to outdoor areas, private residences, hotel or motel rooms, tobacco shops, certain private clubs and casino gaming floors.

    House Bill 2320 (Impose nursing home tax)
    to create a provider assessment tax on nearly all licensed beds within skilled nursing care facilities in the state of Kansas; deem the Kansas Health Policy Authority to be the state agency to calculate and implement the provider assessment; establish a Quality Care Fund where all assessments and penalties collected through the assessment program would be deposited; and, establish a Quality Care Improvement Panel.

    House Bill 2356 (Increase state inspections of child care facilities)
    to adopt “Lexie’s law” requiring the Department of Health and Environment to inspect every child care facility once every 15 months. The inspection frequency of a family child care home following an initial inspection will be at intervals that the department determines to be appropriate to assess the health, safety and well-being of children being cared for in the family child care home. In addition, to open certain records to the public regarding the identity of maternity center, family day care home, and child care facility licensees, but would allow the state to withhold such information if necessary to protect public health and safety or that of the facility’s patients or children.

    House Bill 2130 (Mandate seat belts, allow traffic stops)
    to amend state law to require every occupant of a passenger care to wear a safety belt. A law enforcement officer would now be permitted to stop a passenger car for any violation of the seat belt requirement by anyone in the front seat or anyone under 18. The fine for violations would be $5 until July 1, 2011, when it would increase to $10.

    House Bill 2650 (Launch new state transportation works program)
    to initiate a new state transportation works program, providing for the construction, improvement and maintenance of the state highway system; authorizing financial transfers between the State Highway Fund and the Rail Service Improvement Fund; increasing vehicle registration fees; increasing the borrowing authority of the Kansas Department of Transportation; and, pledging $8 million in transportation projects for each county in Kansas over the next 10 years.

    Senate Bill 409 (Development of passenger rail service in Kansas)
    to authorize the Kansas Secretary of Transportation to establish and implement a passenger rail service program in the state. To establish the program, the Secretary would enter into agreements with Amtrak and other rail operators to develop passenger rail service serving Kansas and other state. The agreements can include cost-sharing agreements and joint powers agreements. The Secretary should also enter into agreements with local jurisdictions along a proposed route. The bill also gives the Secretary authority to make loans or grants to passenger rail service providers for the purpose of restoring existing rail infrastructure, for rail economic development projects and the cost to initiate and operate passenger rail service. The bill does not specify where program funding would come from.

    House Bill 2476 (Extend and increase court fees)
    to increase a number of court fees and extend such judicial branch surcharges through fiscal year 2011 to fund non-judicial personnel working in the court system; the compromises recommended would alter specific fee increases for specific court actions with the fees ranging generally between $10 and $20.

    Senate Bill 200 (Repeal partial HMO tax, apply full rate to all)
    to repeal the partial state tax of 0.5 percent imposed on premiums charged against a few Health Maintenance Organizations so that the full one percent premiums tax would be applied uniformly against all HMOs.

    House Bill 2582 (Extend and reallocate e-911 tax revenue to locals)
    to delay for one year — until July, 1, 2011 — a provision in current law that discontinues the wireless enhanced 911 grant fee and the VoIP enhanced 911 grant fee, abolishes the wireless enhanced 911 advisory board and the grant fund, and that directs the distribution of the unobligated balance in the grant fund to public safety answering points (PSAPs).

    House Bill 2554 (Expand tax incentives for hiring new workers)
    expanding the PEAK program (Promoting Employment Across Kansas) by liberalizing its definitions, relaxing its requirements so that a company would be eligible if it relocated or expanded a portion of its business operations into the state, permitting qualified companies to retain 95 percent of the employees’ withholding taxes if the median wage paid to the new employees at least equals that paid throughout the county, and by requiring an independent evaluation of economic development incentives administered by the Kansas Department of Commerce.

    House Bill 2226 (Change earmarks of traffic fine revenue, increase fines)
    to increase the fine assessed on traffic infractions that are on the uniform fine schedule by $15. The revenue generated by the increased fines would be distributed to several justice related programs, including the Crime Victims Compensation Fund, the Crime Victims Assistance Fund, the Community Alcoholism and Intoxication Programs Fund, the Boating Fee Fund, the Children’s Advocacy Center Fund, and the criminal justice information system line fund.

    Senate Bill 430 (Limit use of certain tax credits)
    make a 10 percent cut in certain income tax credits permitted under current law; repeal a $3.75 million cap that had been imposed on historic preservation income tax credits; make statutory amendments needed for Kansas to remain in national compliance with the streamlined sales tax act; impose a $10 fee for delinquent taxpayers who enter into an installment payment plan agreement in excess of 90 days from the date of the payment plan agreement; and, people with intangibles tax liability would be required to file their returns with county clerks, rather than the Department of Revenue.

    House Bill 2501 (Allow exemption from liability limit on mortgage insurers)
    to allow the Kansas Department of Insurance to waive (at the sole discretion of the Commissioner of Insurance) the current requirement that a mortgage guaranty insurance company must have a total liability that does not exceed 25 times its capital, surplus and contingency reserve; to amend the definition of “RBC instruction” to mean risk-based capital instructions promulgated by a specified national insurance association; to prohibit firms that offer health care plans from requiring or requesting genetic tests, and prohibiting insurance companies from charging a higher premium because of any genetic test results; and, to grant rights to insurance customers in seeking special exceptions for cases in which their credit histories may affect their insurance coverage, allowing any such customer who experiences an “extraordinary life circumstance” that hurts their credit, and thereby causes an adverse insurance action, to obtain reasonable exceptions to the insurer’s rates.

    House Bill 2485 (Increase evaluation period for trucking licenses)
    to increase the time period from the current 12 up to 18 months for the Kansas Corporation Commission to verify a trucking company’s fitness and regulatory compliance for its continued operation.

    House Bill 2472 (Specify rights in common interest communities)
    to enact a set of rights and duties regarding people who live in common interest communities such as associations of apartment owners, but not owners currently and similarly bound by covenants unless they agree otherwise – setting forth duties in such communities regarding bylaws, owner voting rights, dispute resolutions, access to property, borrowing money, communications with owners, recordkeeping, and other matters; to prohibit until July 1, 2011, any city from adopting or enforcing any rule requiring the installation of a multi-purpose residential fire protection sprinkler system; and, to decrease down to 90 days, but permit a court to extend to up to 180 days, a compliance period for an abandoned property owner to carry out a rehabilitation plan where the property is brought into compliance with fire, housing and building codes and current on all ad valorem property tax owed, and to reduce from three to two years the time a person who purchases a house from an organization that has rehabilitated an abandoned property must occupy the house.

    Senate Bill 389 (Compensation to dentists in health insurance plans)
    to only permit a health insurance plan — including any individual health insurance policy, the State Children’s Health Insurance Plan and the state Medicaid program — to set fees for covered services (and not for uncovered services)provided by a dentist who is a participating provider in the plan.

    Senate Bill 377 (Regulate retainage in construction contracts)
    to prohibit an owner, contractor or subcontractor from withholding more than a five percent limit on the contract as retainage (money withheld to ensure proper work performance); to require release of retainage on an undisputed payment within 30 days after substantial completion of the project; to permit no more than 150 percent of the value of incomplete work, due to a contractor or subcontractor, to be withheld by an owner or contractor and require it be paid within 45 after completion of the work; and, to permit a general contractor to request an alternative security in lieu of retainage, such as an irrevocable bank letter or credit, certificate of deposit or cash bond.

    Senate Bill 373 (Amending application of municipal court fees)
    to require a $19 municipal court fee be imposed uniformly statewide in each case filed in municipal court, other than a nonmoving traffic violation, where there is a finding of guilty, a plea of guilty, a plea of no contest, or a forfeiture of bond or a diversion.

    House Bill 2433 (Liberalize school purchasing process, Prison sales)
    to allow all state educational institutions more independence in choosing how they acquire goods, supplies, equipment, services and land leases without the need to route acquisitions through the Kansas State Director of Purchases; and, to authorize the Department of Corrections for the next three years to sell prison-made goods to private citizens and businesses in Kansas.

    House Bill 2415 (Exempt universities from surplus property law)
    to exempt the six Kansas Regents universities from the current duty to dispose of any of their personal property through the terms of the Kansas Surplus Property Act. That law ordinarily makes the goods available for sale to the general public.

    House Bill 2411 (Criminalize incense, “K2”)
    to criminalize the unauthorized use or possession of certain chemicals known as “K2”, BZP and TFMPP that have been added to herbs and incense to produce hallucinogenic effects when inhaled or consumed.

    House Bill 2353 (Ratify local sales tax vote for jail)
    to retroactively validate a local election last year in Chautauqua County to impose a countywide sales tax where money raised would pay for a new county jail and law enforcement facility.

    House Bill 2160 (Require state workers’ health plan to cover autism)
    to require the state employees’ health plan to cover services for the diagnosis and treatment of autism spectrum disorders in any covered person less than 19 years old, and to require health insurance policies include coverage provisions for orally administered anti-cancer medications.

    Senate Bill 83 (Require licensure of naturopathic doctors)
    to change the regulatory status of naturopathic doctors with the Board of Healing Arts from registrants to licensees and to permit naturopaths to form professional corporations; and, to include two licensure categories — “exempt license” and “federally active license” — in the Physical Therapy Practice Act.

  • Kansas news digest

    News from alternative media around Kansas for November 9, 2009.

    Political involvement and Kansas smoking ban

    (State of the State Kansas) “This week we focus on two issues: the proposed smoking ban in public places and getting young people involved in the political process.”

    Districts Have Funds To Meet Projected $100 Million Shortfall

    (Kansas Watchdog) “Kansas school districts will fall about $100 million short of needed funds by the end of the current 2010 fiscal year according to Dale Dennis, Deputy Commissioner of the Kansas Department of Education. But school districts statewide had $175.7 million in their contingency reserve funds at the beginning of the current fiscal year. Dennis says those taxpayers’ dollars can be used to cover the shortfall, but once districts spend that money it’s gone.”

    Does not compute: Kansas to use “stimulus” debt to save future interest payments?

    (Kansas Watchdog) “So, we’re using $159.2 million in stimulus spending to realize interest savings on bonds? But that $159.2 million is new debt. We’re trading ‘saved interest’ for more debt? What we’re doing is only increasing the debt and the interest we owe.”

    Human services and school funding dragging state into a deep deficit

    (Kansas Liberty) “If Kansas maintains full funding for human-service caseloads and school financing — including the huge outlays for special education — the state’s budget will plummet into a deficit of $722.5 million within the next two years, according the state’s Consensus Estimating Group.”

    Roberts warns Democratic health plan may cost taxpayers $2.4 trillion

    (Kansas Liberty) “Kansas’ U.S. Senator Pat Roberts said Wednesday that the Democratic health care plan could result in a $2.4 trillion tax burden being placed on United States residents over the next decade. ‘The rushed health care reform proposals being debated behind closed doors could end up costing the taxpayer $2.4 trillion over ten years while doing nothing to lower the rising cost of care for patients and causing insurance premiums to rise,’ Roberts said in a statement. Roberts’ data comes from the Senate Budget Committee, a spokesperson said.”

    Proposed health insurance ‘exchanges’ worry Blue Cross

    (Kansas Liberty) “The Democratic health care plan’s creation of a ‘health insurance exchange’ brings up some concerns for private health insurance providers — and for Republicans who are opposed to an expansion of government. The exchange will create a marketplace, likely online, which will allow for businesses and individuals to select their health insurance on their own. This will differ from most current practices in which either health insurance brokers, or in-house employees work as facilitators to match businesses and individuals with health insurance plans, although it also duplicates existing private enterprise solutions. … ‘And what we do not need is an insurance version of Fanny Mae and Freddie Mac.’”

  • Kansas can’t afford a cigarette tax hike

    This is a repost from 2008. The issues are the same, except this time it is Kansas Governor Mark Parkinson recommending an increase in cigarette taxes, and it is $.55 per pack instead of $.75.

    Research & Commentary: Kansas Can’t Afford A Cigarette Tax Hike
    By John Nothdurft, Legislative Specialist at The Heartland Institute

    The Kansas Health Policy Authority’s recommendation to use a 75-cent cigarette tax increase to pay for health costs should be worrisome — not only to smokers, but also to non-smokers and fiscally responsible legislators as well.

    The approach may seem appealing at first, but such tax increases are notoriously unpredictable and regressive. Funding a high-profile need such as health care with a cigarette tax increase is particularly hazardous because it ties an inherently unstable tax to an increase in government spending.

    A big question mark hovers over how much revenue the proposed cigarette tax hike would actually bring into the state’s coffers. According to the Center for Policy Research of New Jersey, since that state’s cigarette tax was raised 17.5 cents two years ago, the state has actually lost $46 million in tax revenue.

    Many other states have seen lower-than-projected revenue returns after cigarette tax hikes were put in place. This is a result of the general decline in tobacco use nationwide, cross-border shopping, Internet sales, smuggling, and other factors that are causing cigarette tax revenue streams to flatten.

    If Kansas legislators were to hike cigarette taxes to fund health care programs, they soon would be stuck having to choose between rolling back the funding for health care or raising other taxes. A recent National Taxpayers Union study found legislators usually do the latter. “Taxpayers face a seven out of 10 chance of seeing another net annual tax hike within two years of a tobacco tax hike,” the group reported.

    Cigarette tax increases also unduly burden low-income taxpayers and punish local businesses.

    The following articles offer additional information on cigarette tax hikes.

    Cigarette Tax Hikes Burn Hole in State Coffers
    Gregg M. Edwards, president of the Center for Policy Research of New Jersey, an independent nonprofit organization that addresses public policy issues facing New Jersey, reports how his organization found that New Jersey brought in less revenue after its cigarette tax hike than was coming in before it was implemented.

    Debunking the “Tax Thee, But Not Me” Myth: Five Reasons Why Non-Smokers Should Oppose High Tobacco Taxes
    According to the National Taxpayers Union, “the per-capita state and local tax burden in high-tobacco tax states is 8 percent above the national average, while the general tax bill for residents of low-tobacco tax states is 15 percent below the national average.”

    Poor Smokers, Poor Quitters, and Cigarette Tax Regressivity
    Dr. Dahlia Remler, with the Department of Health Policy and Management at Columbia University, rebuts the argument that cigarette taxes are not regressive.

    Tax Hikes Often Fail to Generate Expected Revenues
    Economists warn tobacco taxes are an unpredictable source of revenue.

    Six Reasons Not to Raise Tobacco Taxes
    Economist Dr. William Anderson of the Oklahoma Council of Public Affairs outlines six pitfalls of higher cigarette taxes.

    Tobacco: Regulation and Taxation through Litigation
    Professor Kip Viscusi breaks down the social costs of smoking, taking into consideration a wide array of factors including health costs, sick leave, and the lower pension and nursing home care costs incurred by smokers.

    Cigarette Tax Burns the Poor
    David Tuerck, professor of economics and executive director of the Beacon Hill Institute at Suffolk University, outlines how cigarette taxes unfairly burden low-income earners.

    Cigarette Taxes Are Fueling Organized Crime
    Patrick Fleenor, chief economist for the Tax Foundation, shows high cigarette taxes have fueled organized crime and a profitable black market in New York.

    Cigarette Tax Burnout
    Last year Maryland increased its cigarette tax to $2 a pack in order to fund health care … but now the state’s budget is facing a billion-dollar shortfall. This article outlines the budget mess that always results when states rely on cigarette tax revenues even as smoking rates decline.

  • Kansas news digest

    News from alternative media around Kansas for June 25, 2010.

    Public sector grows along with KPERS dependency

    (Kansas Liberty) “Between April 2008 and April 2010, the private sector in Kansas has experienced an overall loss in jobs of approximately 5.89 percent, while the public sector has experienced an overall gain in employment of approximately .83 percent. … As the public sector and its salaries continue to grow, so does the dependence on the state’s pension plan, KPERS.”

    Kansas working toward implementing aspect of Obamacare

    (Kansas Liberty) “The Kansas Department of Insurance is working with the federal government to create a temporary high-risk insurance pool, in accordance with regulations set forth by the new federal health-care law. High-risk insurance pools are designed to provide coverage for residents with pre-existing conditions who are unable to find coverage elsewhere. The temporary high-risk pool will operate until 2014, when the law prohibits insurance companies from denying coverage to those with preexisting conditions.”

    Budget cuts hit small towns harder, KC Fed reports

    (Kansas Reporter) “TOPEKA, Kan. – Kansas government’s continuing financial jam may threaten the economic recovery of the state’s small town and rural communities, according to a new analysis published by the Federal Reserve Bank of Kansas City.”

    Researchers debate number of student dropouts

    (Kansas Reporter) “TOPEKA, Kan. – By one count, slightly more than one in 100 students drop out of school; by another count, only 75 students out of 100 actually receive diplomas. Trying to figure out the number of students in Kansas who have graduated high school, versus the number that have dropped out before graduation is tricky and confusing business.”

    Info about Ethics Commission meeting not found by attending

    (Kansas Watchdog) “On Tuesday the Kansas Governmental Ethics Commission held their monthly meeting in Topeka. The agenda for the meeting was a bit curious: The plan was for a 15-minute session that started at 11:45, followed by a 30-minute session 90 minutes later.”

    Business Owners Ask Kansas Courts to Stop Smoking Ban

    (Kansas Watchdog) “Owners of private clubs and bingo operations have asked the courts to stop the statewide smoking ban (HB2221) from taking effect July 1. Attorney Tuck Duncan Friday filed a motion to intervene in a temporary injunction sought by Michael Merriam to stop implementation of the ban while courts hear claims that the ban violates various U.S Constitutional rights.”

    Tiahrt and Moran Trade Shots Over Support for Federal Bailouts

    (State of the State KS) “The Tiahrt (R) and Moran (R) campaigns traded shots Wednesday over the issue of government bailouts with Tiahrt firing the first shot saying Moran was misleading voters when Moran said claimed he never voted for a bailout.”

    Opinion by Senate President Stephen Morris – The 2010 Legislative Session: Keeping Our Promises to Kansans

    (State of the State KS) “The 2010 Legislative Session is now officially history. When this chapter of the Kansas story is written, it will go down as perhaps the most significant since the Great Depression. In fact, the challenges facing lawmakers this year were unprecedented. As we enter the election season, you may hear a lot of misinformation about what actually happened in Topeka this year; I would like to set the record straight.”

    Response by Americans For Prosperity to Opinion Article by Senate President Steve Morris

    (State of the State KS) “The recent letter to the editor submitted by Senate President Stephen Morris caught my attention. He claims passing the largest sales tax increase in Kansas history was the ‘only responsible way’ to address the budget shortfall. A shortfall he blames on an ‘economic crisis.’”