Voice For Liberty

Search results for: “historic tax credits”

  • Uncertainty over Broadview’s future doesn’t bother Wichita

    Yesterday the Wichita City Council approved plans for riverbank improvements that would benefit the Broadview Hotel in downtown Wichita. The cost is $2,200,000.

    One of the problems with this action is that the renovation of the hotel is on hold, according to recent reporting. The reason given by the hotel’s owners, Drury Southwest Inc., is a problem with tax credits issued by the State of Kansas.

    These tax credits, which are in effect a free grant of money to the hotel’s owner that does not need to be repaid, could potentially be worth 25% of the renovation project’s budget of $19 million. That’s up to $4,750,000 that the taxpayers of the state would be giving to the hotel owners.

    This year the Kansas legislature realized that these tax credits are costly to the state, and facing a very tight budget, it placed a cap on the amount of tax credits that could be given.

    By all accounts, the legislature will be facing an even tougher situation in January when it returns to the statehouse for its 2009 session. With everyone scrambling to find cost savings (and new sources of revenue), the tax credits for historic renovation could face an uncertain future.

    How does the uncertainty surrounding the tax credits affect the plans for the Broadview’s renovation? I don’t know. A telephone call and email message to Drury Southwest Inc. seeking an update on its plans was not returned.

    In his remarks after the unanimous vote passing the improvements, Mayor Carl Brewer thanked representatives from Drury for attending the meeting. He noted the budget challenges at the state level, and pledged that the city will continue to work with them on the tax credits. He said he appreciates the work they’re doing and thanked them for their commitment to the city. The hotel is important to the city, he said, as commitments have already been made to lease rooms in the Broadview.

    Analysis

    Because of the uncertainty surrounding the future plans for the Broadview Hotel’s renovation, the city should have delayed these riverbank improvements.

    A problem is the shaky economics surrounding this hotel. Besides the tax credits, the hotel received a 10-year exemption from paying property taxes and a sweetheart deal on a parking garage across the street. It’s little wonder representatives from Drury traveled to Wichita for the council meeting. They have a lot of taxpayer subsidies to protect.

    If we want a thriving and vibrant downtown Wichita — including a convention hotel that can be relied on — we need to rely on something more than massive taxpayer subsidies and the mayor’s appreciation to those who receive them.

  • The ‘tax expenditure’ solution for our national debt

    While most critics of government spending focus on entitlements, regular appropriations, and earmarks, there is a category of spending that not many pay much attention to. The spending is called “tax expenditures.”

    It’s a big issue. As economist Martin Feldstein writes in the Wall Street Journal, tax expenditures will increase the federal budget deficit by $1 trillion this year.

    Tax expenditures are implemented through the tax system. It’s usually the income tax system, especially at the federal level. Taxpayers may receive tax credits, which reduce the tax that must be paid dollar for dollar. Many credits are refundable, meaning that if the taxpayer has no tax liability, the government will send the recipient a check. Examples cited by Feldstein include “$500 million annual subsidy for the rehabilitation of historic structures and a $4 billion annual subsidy of employer-paid transportation benefits.”

    While supporters of many of these programs portray them as not costing the government anything, Feldstein writes that they do: “These tax rules — because they result in the loss of revenue that would otherwise be collected by the government — are equivalent to direct government expenditures.”

    I argued this in testimony I presented to a committee in the Kansas Legislature this year, when it was considering restoring and expanding the Kansas historic preservation tax credit program. I told committee members: “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.”

    In that committee, not one member voted against this program, even though the committee has some members who consider themselves very fiscally conservative and hawks on spending.

    Here in Wichita, the city council regularly steers spending to certain companies through the tax system by granting property tax exemptions and tax increment financing.

    Feldstein describes problems with spending implemented through the tax system:

    • Politicians use tax expenditures to grow the welfare state. While proposing a freeze on discretionary spending, President Obama at the same time proposed an expansion of a tax credit program for child or elderly care.
    • Once enshrined in the tax law, these appropriations don’t have to be reauthorized each year. They’re on auto-pilot, so to speak.
    • Eliminating tax expenditures is looked on by Republicans as a tax increase, so they are reluctant to support their elimination. Felstein counters: “But eliminating tax expenditures does not increase marginal tax rates or reduce the reward for saving, investment or risk-taking.”
    • Tax expenditures distort the economy in harmful ways: “[Eliminating tax expenditures] would also increase overall economic efficiency by removing incentives that distort private spending decisions.”

    Feldstein concludes: “Cutting tax expenditures is really the best way to reduce government spending. And to be politically acceptable, the cuts in tax expenditures must be widespread, requiring most taxpayers to give up something so that the fiscal deficits can decline.”

    The ‘Tax Expenditure’ Solution for Our National Debt

    The credits and subsidies that make the tax code so complicated cost big bucks. Reduce them by third and the debt will be 72% of GDP in 2020 instead of 90%.

    By Martin Feldstein

    When it comes to spending cuts, Congress is looking in the wrong place. Most federal nondefense spending, other than Social Security and Medicare, is now done through special tax rules rather than by direct cash outlays. The rules are used to subsidize a wide range of spending including education, child care, health insurance, and a myriad of other congressional favorites.

    These tax rules — because they result in the loss of revenue that would otherwise be collected by the government — are equivalent to direct government expenditures. That’s why tax and budget experts refer to them as “tax expenditures.” This year tax expenditures will raise the federal deficit by about $1 trillion, according to estimates by the congressional Joint Committee on Taxation. If Congress is serious about cutting government spending, it has to go after many of them.

    Continue reading at the Wall Street Journal (subscription required)

  • Kansas bonds downgraded; economic development programs imperiled

    money-bag-struggleMoody’s Investor Service has downgraded the credit rating of a series of bonds that Kansas uses to fund an economic development program. The program is IMPACT (Investments in Major Projects and Comprehensive Training), which provides financial benefits to companies locating to or expanding in Kansas.

    The problem is that the state borrows money to give to companies, and uses the withholding taxes of these companies’ employees to repay the bonds. So what happens if the state reduces — or eliminates — the personal income tax? Moody’s explains:

    Because IMPACT program bonds are backed by a statutory allocation of revenue from income tax withholding, efforts to eliminate the state income tax without defeasing the debt or substituting a new revenue source will expose bondholders to risks greater than previously anticipated. IMPACT debt has historically been supported by steadily growing revenues from a source that was broad-based and important to the state’s continued operations. Last year’s major income tax rate reductions, followed by additional cuts this year, constitute what we expect to be a trend of repeated cuts in the revenues pledged to these bonds. The final maturity on the IMPACT bonds is 2023, by which time Kansas may have fully removed the income tax. So far, there is no assurance the state will allocate revenue from a different source or take other steps protect bondholders. (Moody’s downgrades Kansas Department of Commerce IMPACT bonds to A3 from Aa3)

    I don’t think there’s much likelihood that the state will fail to pay these bonds fully as payments become due. Even though the spending that produced this debt, in my opinion, is ill-considered, it’s still an obligation of the state.

    But in a blog post, the Wichita Eagle editorial board could barely conceal its glee that a State of Kansas program might encounter difficulties during the Brownback regime. That’s because income tax rates have been reduced, and will fall farther. This threatens the government spending that the Eagle editorialists favor over private-sector spending.

    Besides this one Kansas spending program, others will probably also be affected by lower income tax rates. Another economic development program Kansas uses is the Promoting Employment Across Kansas (PEAK) program. Administered by the Kansas Department of Commerce, the program allows qualifying companies to retain 95 percent of the state income withholding taxes their employees pay.

    It’s a roundabout method of distributing corporate welfare that allows companies — and gullible or self-serving politicians — to pretend as though this program has no cost, or that companies are in fact investing their own money.

    What’s interesting is that the money paid to companies is based on the withholding of employee taxes, not actual taxes paid. Withholding is just an estimate. At the end of the year employees file tax returns to compute their actual tax liability. Based on the difference between withholdings and liability, the state may issue a refund (or maybe the employee owes more).

    It’s common for people to receive tax refunds. For employees that work for companies participating in PEAK, their tax withholdings (less five percent) have already been spent by the state in the form of economic development incentives. Their refunds have to be funded in some other way.

    Other government spending programs will be affected, too. Historic preservation tax credits are used to funnel millions to developers in downtown Wichita, for example. These credits have value only as long as someone owes income tax (or similar taxes paid by financial institutions) to the state. If there are no income taxes, these tax credits have no value.

    This is all good. It’s great that tax rates are falling. It’s also good that the state loses some of its tools for dishing out business welfare. With programs like PEAK and tax credits, the legislature authorizes the program by passing a law. After that, the programs function on auto-pilot. Companies apply for the benefits, and then either automatically or at the discretion of the bureaucracy, applications are approved and benefits flow.

    This leads to systems with little accountability. Expenditures are barely noticed. The normal basis for justifying taxation is threatened. Employees that work at PEAK companies might look at the Kansas tax withheld on the paychecks and rationalize “Well, at least it’s going for the kids’ schools or some other beneficial purpose.”

    No. Their withholding taxes are being paid (less five percent) to their employer.

    Without these tax expenditure programs, legislatures would have to pass specific bills to spend taxpayer money. Can you imagine if the State of Kansas passed a bill to give $3.5 million in taxpayer credits to developers of a luxury hotel in downtown Wichita? Citizens would look at things differently. They’d wonder why we’re spending this way. Using semi-mysterious mechanisms like PEAK and tax credits shrouds the true economic transactions taking place.

  • Wind tax credits are government spending in disguise

    Recently Kansas Governor Sam Brownback and U.S. Senator Jerry Moran of Kansas made the case for extending the production tax credit (PTC) for the production of electrical power by wind.

    The PTC pays generators of wind power 2.2 cents per kilowatt-hour produced, a high rate of subsidy for a product that sells for 9.5 cents, according to a March 2010 illustration provided by Westar.

    Brownback and Moran contend that this tax credit is necessary to let the industry “complete its transformation from being a high tech startup to becoming cost competitive in the energy marketplace.” But wind is not a new industry. The PTC has been in place for twenty years. If an industry can’t get established in that period, when will it be ready to stand in its own?

    The authors also contend that canceling the PTC will result in a “tax hike on wind energy companies.” To some extent this is true — but only because the industry has enjoyed preferential tax treatment that it should never have received.

    The proper way to view the PTC is as a government spending program in disguise. That’s the true economic effect of tax credits. They are equivalent to grants of money.

    Amazingly, Brownback and Moran do not realize this — at least if we take them at their written word as they describe the PTC: “These are not cash handouts; they are reductions in taxes that help cover the cost of doing business.” (Emphasis added.)

    It is the mixing of spending programs with taxation that leads these politicians to wrongly claim that tax credits are not cash handouts. But not everyone falls for this seductive trap. In an article in Cato Institute’s Regulation magazine, Edward D. Kleinbard explains:

    Specialists term these synthetic government spending programs “tax expenditures.” Tax expenditures are really spending programs, not tax rollbacks, because the missing tax revenues must be financed by more taxes on somebody else. … Tax expenditures dissolve the boundaries between government revenues and government spending. They reduce both the coherence of the tax law and our ability to conceptualize the very size and activities of our government. (The Hidden Hand of Government Spending, Fall 2010)

    U.S. Representative Mike Pompeo of Wichita recognized the cost of paying for tax credit expenditures when he recently wrote: “Moreover, what about the jobs lost because everyone else’s taxes went up to pay for the subsidy and to pay for the high utility bills from wind-powered energy? There will be no ribbon-cuttings for those out-of-work families.”

    This is an example of the seen and unseen, where thinking is confined only to what is easily seen. Many years ago Frederic Bastiat explained this problem in his famous parable of the broken window. More recently the school of public choice economics has warned us the problem of concentrated benefits and dispersed costs. Politicians hope we won’t notice.

    When Brownback and Moran write of the loss of income to those who profit from wind power, we should remember that these profits do not arise from transactions between willing partners. Instead, they result from politicians who override the judgment of free people and free markets with their own political preferences — along with looking out for the parochial interests of the home state. We need less of this type of wind power.

  • Property rights in Wichita: Your roof

    Property rights in Wichita: Your roof

    The Wichita City Council will attempt to settle a dispute concerning whether a new roof should be allowed to have a vertical appearance rather than the horizontal appearance of the old.

    1500 N. Park Place in Wichita, August 2015. From Google Maps. Click for larger version.
    1500 N. Park Place in Wichita, August 2015. From Google Maps. Click for larger version.
    Tomorrow the Wichita City Council will be asked to uphold a decision of the Historic Preservation Board (HPB) regarding the characteristics of a roof someone installed on their house. Here’s material from the agenda packet for the meeting:

    Analysis: By a 4-0-1 vote, the HPB found the installation of the metal panel roof does encroach upon, damage and destroy the Park Place Fairview Historic District by installing a non-traditional roofing material and altering the horizontal pattern of the roof shingles which is a character-defining feature of the house. Secretary of the Interior’s Standards #2 and #3 specifically deal with the character of the building itself. There is no evidence in historic Sanborn Fire Insurance Maps, historic aerial photographs of the property, or historic building permit records that 1500 North Park Place ever had a metal panel or standing seam metal roof. There is no evidence of the property’s roof structure that this house ever had anything other than cedar shingles or composite singles. The issue is not with the metal material, it is with the metal sheet which gives a vertical appearance given to a roof that had a horizontal appearance. The design guidelines adopted by City Council for this historic district do not mention metal panel roofing material as appropriate material for this district (Section 2.12.1021.1 of the Wichita Code of Ordinances). The applicant did not provide an option to use metal shingles that would have the same appearance as the existing shingle roof.

    Since the property is a contributing structure in the WRHP, the RHKP and the NRHP, the metal panel roof cannot proceed without the City Council finding that there are not any “feasible and prudent alternatives” to the metal panel roofing material. (Emphasis added.)

  • Kansas and Wichita quick takes: Tuesday December 28, 2010

    Hawker Beechcraft deal breaks new ground. When asked by KAKE Television’s This Week in Kansas host Tim Brown if the Hawker Beechcraft deal was good for Kansas, Wichita State University professor H. Edward Flentje said that while the deal was “great news” in the short term, it raised policy questions in the long term. He said he didn’t think the state has invested in a company that is downsizing, with Hawker shrinking by one-third over the past few years. He added that he believed this is the first time the state has a provision of state law to retain jobs, rather than recruit new jobs. Flentje said that other aircraft companies and other businesses will be looking at this. He didn’t use the word “precedent,” but setting one is what has happened. Flentje has issued similar warnings before when he was interim city manager for Wichita. When Bill Warren, a theater owner, asked the city to make an interest-free loan to him, Flentje warned: “There are in this community much larger businesses with much larger employment who may see this opening as something that will open a door for those businesses to come and say, ‘You’ve done it before, you can do it for us.’”

    TSA as fine literature. He grasped me firmly but gently just above my elbow and guided me into a room, his room. Then he quietly shut the door and we were alone. He approached me soundlessly, from behind, and spoke in a low, reassuring voice close to my ear. “Just relax.” Without warning, he reached down and I felt his strong, callused hands start at my ankles, gently probing, and moving upward along my calves slowly but steadily. My breath caught in my throat. I knew I should be afraid, but somehow I didn’t care. His touch was so experienced, so sure. When his hands moved up onto my thighs, I gave a slight shudder, and partly closed my eyes. My pulse was pounding. I felt his knowing fingers caress my abdomen, my ribcage. And then, as he cupped my firm, full breasts in his hands, I inhaled sharply. Probing, searching, knowing what he wanted, he brought his hands to my shoulders, slid them down my tingling spine and into my private area. … Although I knew nothing about this man, I felt oddly trusting and expectant. This is a man, I thought. A man used to taking charge. A man not used to taking “no” for an answer. A man who would tell me what he wanted. A man who would look into my soul and say … “Okay, ma’am,” said a voice. “All done.” My eyes snapped open and he was standing in front of me, smiling, holding out my purse. “You can board your flight now.” (Source unknown, but obviously a brilliant person.)

    Love, not yet seated in House, moves to Senate. In what must be one of the most rapid political promotions in history, Garrett Love, who just won a position in the Kansas House of Representatives, is selected to fill a vacancy in the Kansas Senate. The Hutchinson News reports. Love defeated incumbent Melvin Neufeld in the August primary election. Neufeld campaigned for the Senate seat, but lost to Love by a vote of 101 to 38. It would have been — unseemly? — for Neufeld to have lost to Love in an election, but yet be promoted instead of Love to what most would consider to be a better position in the legislature. … This action leaves the House position that Love won but never filled vacant. Will Neufeld attempt to win this seat, the one he lost? The precinct committeemen and committeewomen of that district will decide. Kansas House District 115 includes Dodge City and counties to the south and west.

    Wichita historic preservation board. A governmental entity that few may know much about is the Wichita historic preservation board. The agenda for an upcoming meeting is here. On the agenda, there are many items like this: “HPC2010-00350 415 N Poplar Re-roof on commercial. ENV Johnson Drug Store.” In this case someone wants to put a new roof on their building. But, it is located within the “environs” of a property that is listed either on the National Register of Historic Places or the Register of Historic Kansas Places, so they need the permission of this board. For properties within a city, the “environs” is any property within a distance of 500 feet of the listed historic property. If you want to do much of anything to your property, you’ve got to get the permission of this board if it’s within a stone’s throw of a historic property.

    Bureaucrats will do what Congress doesn’t. Promises from Congress mean little when the bureaucratic state simply does what it wishes — or what the President wants it to do. Thomas Sowell explains: “The Constitution of the United States begins with the words ‘We the people.’ But neither the Constitution nor ‘we the people’ will mean anything if politicians and judges can continue to do end runs around both. Bills passed too fast for anyone to read them are blatant examples of these end runs. But last week, another of these end runs appeared in a different institution when the medical ‘end of life consultations’ rejected by Congress were quietly enacted through bureaucratic fiat by administrators of Medicare.” Portland Progressive Examiner has more: “Oregon Representative Earl Blumenauer, Democrat, is celebrating a quiet victory: Under new health regulations recently issued by the Obama administration, Medicare recipients will be offered voluntary end-of-life planning, and an opportunity to issue advance health care directives.” The New York Times is blunt, starting its story this way: “When a proposal to encourage end-of-life planning touched off a political storm over ‘death panels,’ Democrats dropped it from legislation to overhaul the health care system. But the Obama administration will achieve the same goal by regulation, starting Jan. 1.”

    Brownback to focus on core. Incoming Kansas Governor Sam Brownback says his budget priorities the “core functions of state government,” specifically “Medicaid, K-12 education, higher education and public safety at the top, in that order.” In an interview with Kansas Reporter’s Gene Meyer and Rachel Whitten, Brownback also said consolidation of agencies may be in order, and that repeal of the one cent sales tax that started this year is “not an option.” He also said he wants to defend the school finance lawsuit more aggressively than the last suit.

    Schools sue again, and again. Parents in Johnson County have sued the state asking that the local option budget cap be lifted. Essentially, the plaintiffs are asking for permission to raise their local property taxes so that more money can be raised for schools. But now Schools for Fair Funding, the coalition of school districts that are suing the state for more money, has intervened in that suit, saying it wouldn’t be fair to let the wealthy school districts raise this tax money. Kansas Reporter has coverage.

  • Pompeo to introduce ‘Energy Freedom and Economic Prosperity Act’

    This week U. S. Representative Mike Pompeo of Wichita plans to introduce the “Energy Freedom and Economic Prosperity Act,” a bill that would eliminate all tax credits related to energy.

    Tax credits, sometimes called tax expenditures, are spending accomplished through the tax code rather than by legislative appropriations. Two prominent tax credits related to energy production are the tax credit for producing and blending ethanol with gasoline, and the production tax credit for wind and solar power production. These industries have claimed that the tax credits are necessary for these forms of energy to be economically viable.

    Pompeo’s office estimates that the bill could save up to $90 billion in tax expenditures over the next ten years. The legislation proposes that these savings be used to reduce the corporate income tax rate.

    The subsidies that would be repealed include, according to Pompeo’s office: Plug-In electric and fuel cell vehicles, Alternative fuel and alternative fuel mixtures, Cellulosic Biofuel Producer Credit, Alternative fuel infrastructure, Production Tax Credit for electricity produced from renewable sources, including wind, biomass, and hydropower, Investment Tax Credit for equipment powered by solar, fuel cells, geothermal or other specified renewable sources, Enhanced oil recovery credit, and credit for producing oil and gas from marginal wells, Advanced Nuclear Power Generation Credit, and Clean coal investment credits.

    This bill targets tax credits only. Loans and loan guarantees are not a subject. This bill would not affect the programs that funded Solyndra, a high-profile example of failure. This bill would not affect the $132.4 million loan guarantee recently given to a cellulosic ethanol plant in southwest Kansas, either.

    Pompeo’s office stresses that this is not a bill targeted at renewable forms of energy like ethanol and wind. It affects all tax credits, including those that are directed at the nuclear, coal, and oil and gas. The goal is to get government out of the energy sector and let markets direct energy investment.

    This bill represents a continued effort by Pompeo to reduce government intervention and to give more freedom to markets. Politically, it puts him at odds with many in this state who favor expansion of wind energy in Kansas. In particular, Kansas Governor Sam Brownback is a proponent of wind power and ethanol. Wichita Mayor Carl Brewer is also promoting Wichita as a place for wind power companies to locate.

  • 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.

  • Pickens criticism illustrates divide between free markets and intervention

    Last week’s criticism by energy investor T. Boone Pickens of U.S. Representative Mike Pompeo, a Wichita Republican serving his first term, continues to illustrate the difference between those who believe in economic freedom and free markets, and those — like Pickens — who invest in politicians, bureaucrats, and the hope of a government subsidy.

    Pickens is pushing H.R. 1380: New Alternative Transportation to Give Americans Solutions Act of 2011, or NAT GAS act. The bill provides a variety of subsidies, implemented through tax credits, to producers and users of natural gas. The goal is to promote the use of natural gas as the fuel the nation uses for transportation.

    In his op-ed in the Wichita Eagle, Pickens was critical of Pompeo for his stance in favor of free markets and in opposition to subsidies. His criticism, however, was inconsistent and contradictory. Further, Pompeo’s position on this issue is clear, as part of a resolution he introduced reads: eliminate existing energy subsidies.

    There was another target of Pickens’ criticism. He didn’t mention the company by name, but there were several thinly-veiled references to Wichita-based Koch Industries. Charles Koch and his brother David Koch have emerged as prominent defenders of economic freedom and the freedom and prosperity it generates. Charles Koch, in particular, has been outspoken in his criticism of the type of subsidies that Pickens seeks. Koch’s op-ed, also in the Wichita Eagle and on Koch Industries website at Advancing economic freedom, was pointed in its criticism of corporate welfare: “Our government made a point of reforming its welfare policies for individuals but not for corporations. … Unfair programs that favor certain companies — such as the current well-intentioned but misguided suggestion that the natural-gas industry should receive enormous new subsidies — don’t just happen. They are promoted, in large part, by those seeking to profit politically, rather than by competing in a market where consumers vote with their wallets.”

    In a statement on the company’s Viewpoint website, Dr. Richard Fink, Executive Vice President of Koch Industries, continued to explain the harm of government intervention, saying “Koch has consistently opposed subsidies that distort markets. We maintain that the marketplace, while not perfect, is the best mechanism for allocating resources to consumers. People deciding what fuels to purchase, instead of the government, is best for consumers and our country. Likewise, if natural gas vehicles are truly advantageous and economically efficient, then consumers will demand that they be developed without political mandates that exhaust more taxpayer dollars.”

    Fink continues, “We do not question T. Boone Pickens’ intentions or integrity in this debate. We recognize his experience in the energy markets and take him at his word that he thinks this is a good idea. However, we believe history has demonstrated over and over that these subsidies end up undermining the long term prosperity of the country. For these principled reasons, we oppose this bill to give tax incentives to buyers and makers of natural gas-powered vehicles and related infrastructure. We also consistently oppose subsidies for all other fuels whether or not we benefit from them.”

    Pickens would probably object to the use of the term “subsidy,” as the legislation he pushes grants “credits,” a term that sounds fairly benign. Timothy P. Carney, writing in the Washington Examiner, provides an explanation of the difference: “Pickens draws two dividing lines in the piece: tax credit vs. grant, and permanent versus temporary. A temporary subsidy is certainly better than an indefinite or permanent one. The tax credit question is trickier. Many free-market champions support every tax break ever proposed (Ron Paul, for instance). Other free market types (like me, probably) think that tax credits act as subsidies which distort the market, and ultimately lead to tax hikes on others. One of the bad things about tax credits is that they reward businesses for following political signals rather than market signals, but they do it in a way that allow the beneficiaries, like Pickens, to act as if they’re not on the public dole. Sure, a tax credit (most of the time) isn’t a handout, but the favored product (like ethanol or natural gas) only succeeds because its competition is taxed at high rates. So tax credits are the socially acceptable form of corporate welfare.” (emphasis added)

    While Carney usually gets things just right, I’ll disagree with him that the question of tax credits is tricky: They have the same economic effect as a grant or subsidy. They engineer the behavior the government wants. But Carney is right about the confusing appearance of tax credits, allowing them to be “the socially acceptable form of corporate welfare.” Unless we really think about it, that is.

    In any discussion of Pickens and natural gas, we must recognize that he is an investor in gas and another energy technology related to gas: wind power. In 2008 Pickens ordered 667 wind turbines worth $2 billion from General Electric with plans to build a large wind power plant in Texas. Wind power is highly dependent on government subsidy, with supporters claiming the industry will be devastated unless Congress continues to renew the subsidies.

    At one time Pickens wanted to use wind power to generate electricity, and the natural gas saved would be used to power transportation. But there’s another relationship between wind power and gas, and it stems from the unreliability and variability of wind power. It’s difficult to quickly adjust the output of most power plants. But natural gas turbine plants are an exception. Kansas recently saw one of its major electric utilities complete a new natural gas power plant. The need for the plant was at least partly created by its investment in wind: A document produced by Westar titled The Greenhouse Gas Challenge noted the “Construction of the 665 MW natural gas-fired Emporia Energy Center, providing the ability to efficiently follow the variability of wind generation.” In another document announcing a request for a rate increase it stated “Our Emporia Energy Center is excellent for following the variability of wind production.”

    At the time of these investments by Pickens and Westar, the price of natural gas was high. Now it is low — so low, and the prospects for future low prices certain enough that Pickens has abandoned his wind farm projects. Even with all the subsidy granted to wind power, it’s cheaper to generate electricity with gas.

    (Pickens has been left with many wind turbines he can’t use. According to the Wall Street Journal: “He’s hoping to foist them on ratepayers in Canada, because that country has mandates that require consumers to buy more expensive renewable electricity.” In other words, relying on some other country’s government intervention to relieve him of his mistake.)

    So we see Pickens moving from one government-subsidized industry — wind power — to another: the subsidized market for natural gas-powered vehicles he hopes to create. The distinction between political entrepreneurs and market entrepreneurs couldn’t be clearer.

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