Tag Archives: Kansas state government

Articles about Kansas, its government, and public policy in Kansas.

Report from Topeka, June 24, 2005

Thank you again, Karl Peterjohn of the Kansas Taxpayers Network


The $160.7 million school spending bill approved by the Kansas senate yesterday passed with the votes of all 10 senate Democrats and 15 GOP tax ‘n spenders. These legislators were also willing to surrender their constitutional and budget authority to the six appointed members of the Kansas Supreme Court.

Here is the list in alphabetical order:

Pat Apple, R; Jim Barone, D; Don Betts, D; Pete Brungardt, R; Jay Emler, R; Marci Francisco, D; Mark Gilstrap, D; Greta Goodwin, D; David Haley, D; Tony Hensley, D Minority Leader; Laura Kelly, D; Janis Lee, D; Steve Morris, R Senate President; Ralph Ostmeyer, R; Roger Pine, R; Roger Reitz, R; Derek Schmidt, R Majority Leader; Vicki Schmidt, R; Jean Schodorf, R; Chris Steineger, D; Mark Taddiken, R; Ruth Teichman, R; Dwayne Umbarger, R; John Vratil, R Vice President; David Wysong, R.

This list includes a variety of folks whose work includes school teachers and school district lawyers. Sen. Barbara Allen, who regularly votes for higher spending and taxes, is suffering from cancer and has not been attending this special session.

Fortunately, the house Education Committee took $149 million out of this outrageous spending plan when they got their hands on it. Three Democrats walked out of the committee meeting in protest of this action. The house will debate this bill later today.

Before the house gets to this education bill it is scheduled to debate two constitutional amendments to restrict the court’s from their legislative activities in the future. It will be fascinating to see if the tax ‘n spenders from both the Democrat and Republican caucuses will be willing to defend their constitutional and historic powers of the purse when these amendments are being debated. It will take 84 votes for final passage of any constitutional amendment out of the house and several members are absent today.

This session is definitely running into this weekend and could wrap up early Sunday morning. If it does, it will be sometime between 3 and 8 AM Sunday. However, I would not bet on that outcome and expect to be back in Topeka next week as this constitutional crisis created by the left-wing Sebelius Supreme court continues.

A correction: yesterday, I believe I mispelled the senate majority leaders last name. It is Derek Schmidt. I apologize for any mispellings contained within these posts and any other insults to the English Language I have accidently and unintentionally committed.

This message will be posted shortly on www.kansastaxpayers.com and other quality web/blog sites. Please feel free to forward to fiscally and constitutionally concerned Kansans.

Report from Topeka, June 23, 2005

Writing from a rest stop on Interstate 80 in Iowa where there is free wireless Internet access: Thank you again, Karl Peterjohn of the Kansas Taxpayers Network, for your insights into the Kansas Legislature’s special session.


The Kansas senate begin surrendering their legislative powers to the Kansas Supreme Court when a 25-to-14 majority approved a $160 million school spending bill. This surrender took the form of the supreme court may want $143 million but we’ll show them with a $160 million!

Take that, Kansas Supreme Court!

Next for the senate is gambling and that wrangling will take quite a while. Last night the senate met until about 9 PM which I cannot recall ever occurring on the first day of any session. Yesterday was the “first day” for this special session.

Only one slight piece of good news was the pro-tax and spend senator Barbara Allen from Johnson County is absent and that means it is a bit harder for the fiscal damage to occur without her consistent record of fiscal profligacy. I wish the reasons for her absense was not tied to her illness. Despite policy differences on fiscal issues I do not wish cancer upon anyone in public or private life…..well there might be a Bin Laden exception.

The house has not done much. They could take up some constitutional amendments to restrict the activist, left-wing supreme court, but they need 84 votes to pass anything. With only 83 Republicans and a solid dozen left-wing RINO tax and spenders who cannot wait to surrender their fiscal powers to the court, this is a very high hurdle to overcome. The house is instead going to fund the Attorney General’s appeal of the death penalty case to the U.S. Supreme Court and aid national guardsmen from Kansas with their insurance.

And….please don’t forget to forward this to friends who share your concerns about the fiscal/judicial climate in Kansas. This will be posted shortly at www.kansastapayers.com as well as other quality web sites and blogs in this state.

Report from Topeka, June 22, 2005

Here’s a report on the special session of the Kansas Legislature from Karl Peterjohn, Executive Director of the Kansas Taxpayers Network. Thanks to Karl for his fine reporting and commentary.


Here’s the start of a blog for KTN and any other quality Kansas sites interested in this state’s fiscal crisis thanks to our left-wing, prejudiced Kansas supreme court. For the details on the court’s conflicts of interest see the recent KTN editorial column discussing Justice Nuss and Justice Allegrucci’s need to recuse themselves in the school finance litigation.

The house is likely done for the day (June 22) with all eyes watching efforts to put together a bill that would raise state school spending beyond the $143 million sought by the court and try and turn Kansas into a state with franchise casinos dotting the state. Kansas would be the only state that I know of where the casinos would be “owned” by the state and then contracted out to operators.

In theory there is a one subject limitation on any bills but once the court threw the rule book out the window it seems like anything goes and this bill could have gambling, appropriations, and new plumbing for the judicial center (tongue-in-cheek on last item) combined into one fat piece of legislation.

What makes this special session unique is the remodeling of the statehouse has forced the Kansas senate into meeting in the third floor chambers that once upon a time belonged to the Kansas Supreme Court. I jokingly asked if black robes were being issued to each senator. It is standing room only inside the chamber with senate leaders seated like judges at the front of the room and the backbench senators seated at a table in front of their leaders.

This is quite a change from the usual senatorial operations at the statehouse. It does seem appropriate in an era of judicial edicts setting and perhaps even determining the legislative outcome. First we have a bunch of black robed judges behaving like legislators. Now we have the Kansas senate meeting in the Old Supreme Court Chamber.

There seems to be a determination on the part of the liberal senators in both parties that a spending package of expanded gaming and reduced cash balances will allow them to expand spending according to the order from the court. Some senators want to expand the spending well beyond the court’s edict. I guess that will show them that they are not subservient to their judicial masters!

House members as a whole are not nearly as submissive as the senate. However, it is not clear what will be offered in the way of constitutional amendments to stick it to the court and defend the legislature’s constitutional and historic powers. The problem is that any amendment needs 27 senate votes and 84 house votes to be sent to the voters. that is a very difficult threshold to cross. There are hallway discussions on statutory provisions that would make it more difficult for the court to continue to meddle in legislative matters. Sadly, all too many legislators appear ready willing and able to submit to whatever nonsense the court ordered June 3 and could order in the future.

The school spending lobby held a rally this morning but the statehouse was ready for an anti-judicial tyrrany rally over the lunch hour. Elsewhere in the statehouse it looked like it was spend and fritter the taxpayers money away as usual. More details in an upcoming post.

Nationally, the Wall Street Journal editorial page has an editorial today entitled, “Jayhawk Judgment,” and sub-titled, “A constitutional showdown oer the power to tax.” It is excellent and I recommend it highly. Here are a couple of fair use quotes from it: “…under the Constitution’s separation of powers doctrine, the legislative branch makes the laws and the judicial branch interprets them. No so in Kansas these days. There the state Supreme Court has commanded that the legislature must increase spending on the schools, as well as the taxes to pay for it, by precisely $853 million over the next two years.” Later it says, “The legislature is sworn to abide by the Kansas Constitution, but that doesn’t mean abandoning its own powers of the purse to an unelected judiciary. This is a showdown between the branches of government, and the legislature has every right to protect its own constitutional prerogatives from judicial intrusion. In this case that means protecting Kansans from judicially ordered, and thus unconstitutional, tax increase.”

This is a national warning that any business looking to locate or expand in Kansas with our runaway courts and unlimited tax and spend policies would be crazy. Our neighbors will benefit from our spendthrift legacy. In fact there is vivid evidence of this legacy.

It is interesting to note that an important and largely unknown former Kansan died yesterday. The inventor of the integrated circuit chip Jack Kilby, originally from Great Bend, died at 81. This 2000 Nobel Laureate is an excellent example of a former Kansan who grew up here and moved elsewhere, like to Texas as in Texas Instruments to pursue his career. We graduate a lot of Jack Kilby’s from Kansas who return as regular “Kansas tourists” visiting family and friends over a week in summer or during the holiday season at Thanksgiving and Christmas. This is part of the price Kansas pays for being a high tax and big government state that regularly stifles entrepreneurship with the highest business property taxes and high corporate income taxes that were strongly criticized by Scott Hodges, the head of the Tax Foundation, at a Topeka forum June 14. Our property, income, sales, and excise taxes are lousy too. See other parts of KTN’s web site: www.kansastaxpayers.com for details.

How children lose in the Kansas Legislature’s special session

USD 259 (Wichita) public schools superintendent Winston Brooks plans to use the majority of the anticipated increase in school funding to reduce class size. Evidence cited in other articles on this website show that smaller class sizes don’t produce better educational outcomes for students.

Because the conventional wisdom is that smaller class sizes are good for students, the extra money and smaller class sizes will be saluted as a victory for the children. Editorial writers, school administrators, teachers, and those who don’t care to confront facts will thank the Kansas Supreme Court and Kansas Legislature for saving the children.

The sad fact is that this seeming victory, a victory which does nothing to help children, will delay desperately needed reform for another year. In all likelihood reform will be delayed even longer, as if the legislature accedes to the court’s demand this year, it may also do so next year, when the court has called for even more spending.

Who benefits from smaller class size? The teachers unions do. Smaller class sizes mean a lighter workload for current teachers. More teachers (paying more union dues) need to be hired, as is the plan in Wichita.

But as mentioned earlier, smaller class size doesn’t help the students. That’s the danger in spending more on schools. It seems like the additional money should help the schools, and those who procure the money are treated as heroes. This illusion of a solution delays the reform that is badly needed.

What would truly help children? Overwhelming evidence points to school choice. As Harvard economist and researcher Caroline M. Hoxby said about the school voucher program in Milwaukee:

From 1998-1999 onwards, the schools that faced the most competition from the vouchers improved student achievement radically–by about 0.6 of a standard deviation each year. That is an enormous, almost unheard-of, improvement. Keep in mind the schools in question had had a long history of low achievement. Yet they were able to get their act together quickly. The most threatened schools improved the most, not only compared to other schools in Milwaukee but also compared to other schools in the state of Wisconsin that served poor, urban students.

Milwaukee shows what public school administrators can tell you: Schools can improve if they are under serious competition.

Why, then, don’t we have school choice in Wichita? The teachers unions and education establishment are against it. They don’t want to face the same type of free market forces that the rest of us face. They are in charge of educating children, they tell us they are doing the best they can, that everything they do is for the children and only the children, but they oppose desperately needed reform.

The cthics case against Justice Donald L. Allegrucci

I have filed an ethics complaint against Kansas Supreme Court Justice Donald L. Allegrucci. This complaint is on the agenda of the July 1, 2005 meeting of the Kansas Commission on Judicial Qualifications.

I happen to disagree with the ruling the Kansas Supreme Court made in the case cited in my complaint. I have been asked whether I would have filed the same complaint if I had agreed with the court’s ruling. The answer to that question is probably not. My level of interest would probably not be what it is. That troubles me, as we as citizens need to be watchful for these types of judicial transgressions, no matter what our political beliefs are, and not mattering whether we or the causes that we support benefit from the judge’s rulings.

I have yet to see much newspaper reporting on this. The Associated Press wrote a story based on Karl Peterjohn’s column, and the Wichita Eagle and Topeka Capital-Journal printed it, although in Wichita it was pretty far back in the paper’s pages.

The form I filed with the Commission asks for a twenty-five word statement of what the judge did that was unethical. This is what I wrote:

Justice Allegrucci is married to the Governor’s Chief of Staff. The Governor has taken a position on a case before Justice Allegrucci’s court.

For the details of the complaint, I wrote this:

In the case Montoy v. State, Kansas Governor Kathleen Sebelius has taken a position. In an article titled “School finance plan delivered to state Supreme Court” published in the Lawrence Journal-World on April 7, 2005, she is quoted as stating “As governor, I believe the Legislature’s school funding plan is neither responsible nor sustainable. It jeopardizes the state’s finances, as well as jobs and economic growth throughout Kansas.” The legislature’s school funding plan is now before the court Justice Allegrucci serves on.

Justice Allegrucci is married to Joyce Allegrucci, who serves as the Governor’s Chief of Staff.

In the Kansas Rules Relating to Judicial Conduct, Canon 2, paragraph B states: A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment.

Through marriage, Justice Allegrucci has a family relationship to Joyce Allegrucci. Through employment and political considerations, Joyce Allegrucci has a relationship to Governor Sebelius.

Canon 2, paragraph A states: A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

In the commentary: A judge must avoid all impropriety and appearance of impropriety. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.

Because of the family relationship to an important member of the Governor’s staff, we can never be sure whether Justice Allegrucci’s rulings are affected by this relationship. This is appearance of impropriety, if not actual impropriety.

What’s the Matter with Kansas?

By Alan Cobb, State Director of Americans For Prosperity, Kansas

Many would describe that much of Kansas is in decline. Over 75 percent of the counties in Kansas have lost population just since 2000. Over half of Kansas’ counties have fewer residents today than 1900.

Recently, the Associated Press reported that Kansas is in real danger of losing a Congressional seat during the next reapportionment because of anemic population growth. Kansas population growth from 2000 to 2004 was only 1.7 percent while the nation as a whole grew 4.3 percent. Sedgwick County’s growth was only 2.3% during this time. Kansas’ annual growth of less than one-half of one percent should startle anyone concerned about the future of our fine State.

No matter how you measure growth, Kansas is struggling, particularly when compared to the other 50 states. Kansas is in the bottom ten among states in population growth, income growth and job growth.

Unbelievably, this century Kansas has lost 16,700 private sector jobs while the government sector actually added 15,000 jobs.

The same week it was reported that Kansas may lose a Congressional seat, the Tax Foundation released a study that stated Kansas has the 15th highest state and local tax burden. We are tied with New Jersey and higher than Massachusetts and California. Kansas has a higher tax burden than all of our neighboring states except Nebraska.

Recently the Center for Applied Economics at the University of Kansas compared every Kansas County that borders another State. Except for the Kansas counties bordering Nebraska, the Kansas counties fared worse than their neighbors in Missouri, Colorado and Oklahoma when measuring economic activity, income growth and population growth.

Of the top twenty states in population growth this century, all but two states, Utah and Hawaii, have lower tax burdens than Kansas.

I have heard a Kansas legislator comment that that’s just the way it is; Kansas is a rural, Great Plains state and rural, Great Plains states aren’t growing. I do not believe that is true, but even if it were, I am not ready to accept that.

What are we to do about our population predicament? First we must decide that the lack of economic growth is a problem. And we must be brutally honest about the solutions. Is more government spending and taxation the solution? Are more government owned and constructed buildings the solutions for Wichita or Salina or Lakin?

Are we, as a State, willing to honestly assess our State’s strengths and weaknesses and make the necessary policy changes needed for growth?

Without any changes to the path we’re on, rural Kansas faces a bleak future.

I am not willing to accept the declining status quo as the best we can do, and I don’t think most Kansans are either.

What are we prepared to do?

Kansas Attorney General Has it Right

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

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

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

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

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

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

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

“The short-term solution to over-taxation in Kansas is for the legislature to continue rejecting any and all proposed tax increases, and the long-term solution is the Taxpayer’s Bill of Rights. If Kansas had implemented a Taxpayer’s Bill of Rights in 1992, taxpayers would have received $1.1 billion in tax rebates and reductions and we would have squirreled away $1.4 billion in Rainy Day funds that would have offset the budget shortfalls that occurred during the recent economic downturn. And Kansas taxpayers would have a little more money in their pockets as they file their taxes this week.”

The Decline of Kansas Documented By Census

By Karl Peterjohn, Kansas Taxpayers Network

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

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

The relative decline of Kansas is continuing and this is most vividly demonstrated in the declining numbers of Kansans serving in the U.S. House of Representatives. It is a little known fact that over a 40 year period ending after the 1930 census, there were eight members of the U.S. House of Representatives from Kansas. At one time, Kansans represented over two percent of the national population.

Recently, Kansas slid and became just under one percent of the national population and if the census population trends occur, Kansas will soon see that number drop by 1/4 in the next 25 years. As the population has declined with the rest of the country so has the congressional delegation.

Kansas lost members of congress following the 1930, 1940, 1960, and 1990 censuses and is shrinking like a Florida glacier. In mid-April an Associated Press report quoted Xan Wedel, a researcher at K.U.’s Policy Research Institute, saying the state was at risk of losing another member in the house in 2010. If you think the big first congressional district is large today when there are four members, let your imagination consider how large it will be if there are only three, or later in this century only two. If the census forecast is correct the decline in Kansas, as represented by our shrinking congressional delegation, is continuing.

Kansas would be on track for a decline that could shrink this state’s delegation down to the size of Idaho or Rhode Island during the next 50 or 60 years. At the same time Kansas’ population declines, the states in our region that have placed limits on state and local government taxes and spending growth are growing faster. Colorado, which once

lagged behind Kansas in congressional representation but now has seven, will grow more than 3.5 times faster than Kansas. Missouri and Oklahoma will grow 50 percent faster than Kansas while Arkansas will pass Kansas too. Arkansas is growing more than twice as fast as Kansas. Only higher tax Nebraska is projected to grow at a lower rate than Kansas among our four adjacent states at only 6.4 percent.

Nationally, states without state income taxes will be growing much faster than the states that penalize income earners. The nine states without personal income taxes are projected to grow at twice the rate of the rest of the country. There is a wide variance between these nine states’ projected growth rates but Texas and Florida are both projected to gain three additional members each to their congressional delegations following the 2010 census. Florida is also projected to overtake struggling New York to become the third largest state in population in 2010. Texas, which is the number one state that Kansans are moving to when they leave, is already the second largest nationally.

These census figures demonstrate that Kansans can and do vote with their feet. As business and industry move to more competitive parts of the country Kansas is being left behind and the political and judicial leadership in Kansas is busy trying to raise income, sales, and other Kansas taxes. The tax and spend formula for state government in Kansas is leading to an economic failure that will destroy our future.

Kansas Faces Challenges for Growth

By Alan Cobb, Americans For Prosperity Kansas State Director

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

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

No matter how you measure growth, Kansas is struggling, particularly when compared to the other 50 states. Kansas is in the bottom ten among states in population growth, income growth and job growth. While I do not like to scream crisis, we, as a State, clearly have urgent needs that must be addressed soon.

The solutions to our growth problems will take time. There are no overnight fixes. Thus, we need to get started immediately.

For most Kansas communities, if they do not grow, they die. We might like to think the quaint small Kansas town depicted in Hollywood never grows or shrinks, but stays the same. That isn’t reality.

The changes and population decline are gradual but unmistakable.

I have heard a Kansas legislator comment that that’s just the way it is; Kansas is a rural, Great Plains state and rural, Great Plains states aren’t growing. That is not the case, but even if it were, I am not ready to accept that. It simply isn’t a fact that Kansas can not grow.

So, what are we to do about it? How can we encourage real economic development? How can we encourage population and income growth? Do we want population growth and economic development?

There are those who don’t want growth and the problems associated with it. They want their town to stay the same as it has for years. They like the comfortable and familiar feel.

Kansans move to places that provide economic and professional opportunities for themselves and their families. While the residents of a small Kansas town appear to enjoy their seemingly unchanging community, the most capable leave for places providing better economic possibilities and their former hometown slowly decays. These place Kansans move to are frequently in other states, but certainly are not in rural Kansas.

What are we to do about this? First we must decide that the lack of economic growth is a problem. And we must be brutally honest about the solutions. Are government grants the solution? Is the new convention center for the county seat a key for reversing the fortunes of the community?

We must take a hard look at systemic change to Kansas to being reversing the alarming trend.

Recently the Center for Applied Economics at the University of Kansas compared every Kansas County that borders another State. Except for the Kansas counties bordering Nebraska, the Kansas counties fared worse than their neighbors in Missouri, Colorado and Oklahoma when measuring economic activity, income growth and population growth.

Clearly the Colorado counties of Cheyenne and Kiowa are no different that Greeley and Wallace Counties in Kansas, yet the Colorado counties have experienced more growth than their Kansas counterparts. Are Texas and Beaver County, Oklahoma really any different than Morton, Seward and Meade Counties in Kansas? Why are the Oklahoma counties growing faster than their Kansas neighbors?

Overall, more people are moving out of Kansas than moving in to Kansas. If not for our birth rate exceeding our death rate, we would actually have negative population growth. And without the growth in Johnson County, our State would not be growing at all.

Why is that? Are we, as a State, willing to honestly assess our State’s strengths and weaknesses and make the necessary policy changes needed for growth?

Without any changes to the path we’re on, rural Kansas faces a bleak future.

I am not willing to accept the declining status quo as the best we can do, and I don’t think most Kansans are either.

What are we prepared to do?

Tax funds finance Kansas school finance lawsuit

Contributed by Kansas Taxpayers Network


By Karl Peterjohn

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

This outrage is a classic case of the school districts biting the state’s hand that fed the 300 Kansas school districts with over $2.7 billion in state funds. Of course, the state does not have any money that it has not taken from taxpayers so you and I pay our taxes to the schools and to the state paying for both the plaintiffs and defendants in this legal battle.

A portion of that money is taken by these school districts and then used to sue for more spending that will require higher taxes. Sadly, Kansas already has the highest property taxes on business in our five state region as well as the second highest taxes on homeowners too so this litigation worsens our tax climate.

This is not a new event. The school finance lawsuits stretch back into the late 1980’s. The lead attorney on the most recent lawsuit, Alan Rupe, has been involved in all of these cases going back to the 1980’s. The 15 school districts misusing their tax funds to finance these lawsuits are led by the Salina and Dodge City public schools. The other school districts financing this litigation are: Arkansas City, Augusta, Derby, El Dorado, Emporia, Fort Scott, Great Bend, Hays, Independence, Leavenworth, Manhattan, Newton, and Winfield (For a listing of the tax dollars spent for these lawsuits between 1998-to-2005 see www.kansastaxpayers.com).

If the legislative conservatives were serious about addressing the litigation crisis in Kansas public schools these expenditures would be stopped. This misuse of tax funds for trial attorneys should stop immediately. Any school finance legislation passed by the Kansas legislature that does not address this abuse of taxpayer funds is a disgrace.

Last year the Topeka public schools faced a financial scandal when it was revealed that roughly $1/2 million had been paid to pay fraudulent checks in central Asia. The schools had such lax financial controls that numerous bogus checks got paid. The schools continued to operate despite this long distance financial flim-flam. Sadly, the mainstream Kansas press outside of Topeka has largely ignored this scandal and treated it as an isolated event.

This is another indication that there are plenty of funds available for financing Kansas public schools. The latest federal data indicate that Kansans, despite having lower than average incomes, are paying substantially more than the national average for our public schools. Kansans are paying more per pupil than for public schools in our neighboring states too. Higher expenditures mean higher taxes. Being a high tax state is one of the reasons that Kansas has suffered the largest reduction in private sector jobs during this century according to federal data.

If the school districts can continue to litigate their way to higher taxes and spending by misusing tax dollars, the future of this state will be grim. Lawsuits promoting higher government spending and higher taxes will drive jobs and businesses to taxpayer friendlier states.

TABOR Criticism Analysis

From the introduction to an analysis by the Tax Foundation:

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

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

Taxed Out of Business

From the Junction City Daily Union, March 24, 2005

By Kay Blanken
Special to The Daily Union

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

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

To balance the budget, the Legislature hit many businesses with fees that do not pertain to their type of business. You paid the fees or you risked forfeiting your business. Many of us have our life’s blood in these businesses. We paid the fees.

This year we again received a new shock. Businesses pay a franchise fee for the privilege of doing business in Kansas. On Feb. 7, Kansas businesses received notice that the franchise tax would max out at $5,008. This is based on the gross your business does before you pay any expenses. Two weeks later we received notice the maximum would be $20,000 — plus a $55 fee for the secretary of state. Here is the letter we received:

Dear Business Customer:

Last spring the Kansas Legislature passed SB 147, which requires businesses to pay a franchise tax (we have always paid a franchise tax) to the Kansas Department of Revenue and a separate franchise fee to the Secretary of State. Both are due the 15th day of the fourth month following the tax year end — e.g. April 15, 2005, for entities with a December 31, 2004, tax year end.

KANSAS DEPARTMENT OF REVENUE — franchise tax (maximum $20,000.00)

Business entities that have $100,000.00 net worth or more must pay to the Kansas Department of Revenue a franchise tax of 0.125% of the total net worth. Business entities required to pay the tax will file a return with the Department of Revenue, which must be accompanied by taxpayer’s balance sheet. (I can’t find anyone who does not have to pay.)

Do not send your franchise fee and annual report to the Department of Revenue. Your business will forfeit if the correct annual report and franchise fee are not received by the Secretary of State on or before your forfeiture.

The letter goes on to tell us how to file and report. What it does not say is how we are to get the money to pay the franchise fee. Many of us in business are just now coming out of a very long downturn. Many have had to borrow money to keep their doors open, and then many have not made it.

Now many of you reading this will say, “This don’t affect me.” Sorry, but it does. Do you work for a business or company? If you do, you may not have a job for much longer. Or you may find yourself moving to a state that cares about the business and economic climate. Some of you may be saying, “This is only one tax. What’s the beef?” Wrong.

Businesses pay corporate income tax, which is 4 percent of net income. In addition, net income in excess of $50,000 is subject to a 3.35 percent surtax. The tax law goes on to say “Kansas corporate income tax is calculated using the apportioned net income and the corporate income tax rate of 4 percent for the first $50,000 and 7.35 percent for excess above $50,000.” Then businesses face insurance tax, 2 percent; intangible property tax, counties can tax up to 2.25 percent on intangible property; personal property tax; inventory tax; state sales tax 5.3 percent; city 1 percent; county 1 percent (at this time); unemployment insurance tax from 0.08 percent to 7.4 percent depending on our rating (our rating is based on the willingness of an employee performing his/her job); worker’s compensation insurance (premiums are calculated per $100 of annual employees wages; wonder why that pay raise didn’t come through?), property tax, 25 percent; Social Security tax, 7.65 percent — and I could go on with other licenses/permits and fees, both local and state. So why did Alco call it quits?

There are a lot of reasons why businesses cannot make it in today’s climate. Buying power is one. A small business pays more for goods than a large conglomerate. But we all pay the same type of taxes and have the same routine costs.

With Alco closing, Junction City, Geary County and USD 475 will still receive property taxes, but they will not receive the sales tax revenue Alco generated. And our community will no longer receive Alco’s charitable donations, leaving a lot of good projects to suffer.

At a town hall meeting on Saturday, a candidate for the local school board asked about school finance. The response from state Rep. Barbara Craft was, “We know we need more funding for schools, and maybe we will have to go to the businesses. Oh, maybe I had better rephrase that.”

The state’s mission statement is, “Our state is constitutionally restrained from overspending, providing a foundation of fiscal integrity for our business climate.” So what happened to throw the state so far off of its budget? Why are so many businesses closing or going out of state to do business? The last count I had was more than 1,300 businesses over three years, and I have no idea of how many jobs were lost. Why are cities raising the fees for services?

What affects business also affects you. It’s time we all became concerned and start asking our elected representatives the “why” questions.

Kay Blanken is a Junction City commissioner and co-owner of B&K Enterprises.

Clunker law epealed, surliness not

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


Last July I purchased a automobile from a gentleman in Missouri. It was an old clunker that needed much repair as a school car for my daughter for $500. The car had several mechanical problems, had been wrecked and had hail damage. It was worth $500, no more, no less. Even though it had 210,000+ miles, I thought we could have some fun fixing it up. When I went to get a tag for it, they county office informed me that I would have to pay sales tax on $3,400! After much unsatisfactory explanation from the clerk, her supervisor stated “If I wanted a tag, I would have to pay the money”. Sounds like extortion to me. I, then, had to pay sales taxes on the repairs also.

Our great legislature has since decided that they over stepped their authority and a rebate is in order. I went out to the Kansas State Government website to read the process of getting my money back. They stated that I need a copy of the receipt that the county gave me when I overpaid the taxes along with one of the following list:

Copy of the bill of sale.
Copy of the cancelled check used to purchase the car.
Copies of both the front and back of the title.

Sounds easy enough. I went to the county courthouse and stood in line for over an hour, finally having the clerk tell me “we don’t keep any records of the taxes you paid and cannot help you with a copy of the receipt”. She did inform me that the title I needed copies of, was the title from the ORIGINAL owner, which they took from me when I overpaid the taxes, and sent to the State of Kansas.

When I returned home, I spent a couple of hours digging through all my records and finally found the original receipt for sales taxes overpaid. Since I paid cash (the gentleman from Missouri would not accept a personal check, go figure) and in Missouri, the title IS the bill of sale, I came to the realization, that the State had me in a catch 22. I found a phone number on the trusty web site, and gave the department of vehicle taxes a ring. They acknowledged the problem, but gave me a solution. I could write to the Kansas Department of Motor Vehicle Records (downstairs from them) and request a form from them to request that they send a copy of my original title to me. I could then send the copy of the title back to the Vehicle tax department along with the copy of the county tax receipt to get my money back!?????

I thought about it for a while and decided to give the Vehicle Tax department another call, just to get it straight. I was up to the second level of supervisor and asked him if he really wanted me to—–

Send a request for vehicle registration and history to the Motor Vehicle Records Department (downstairs from him).
They would send me a form.
I would fill out the form (did I mention the $15 fee) and send it back to the Motor Vehicle Records Department (downstairs).
They would send me a copy of the original title from the gentleman from Missouri.
I would send it to the Vehicle tax department along with the copy of the tax overpayment receipt (back upstairs).

I asked him if the process sounded as ridiculous to him as it did to me. I also asked that if I just sent a copy of my title, maybe he could walk downstairs to the title office and cross check it with the original. He said “I will have to get back to you on that one” an after about a week, I actually receive a call from him on my machine! He indicated that I would indeed have to request the title history from the office downstairs and pay the $15.

Senator Ruth Teichman, Republican in Name Only?

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


Bob,

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

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

Karl Peterjohn

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

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

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

Senators:

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

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

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

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

4) One of the reasons that this vote won by a very small margin (52-to-48)city, county, and state tax funded organizations donated over $45,000 for the “Vote Yea” campaign conducted by the arena tax hike proponents. This misuse of tax funds outspent the “Vote No” campaign by better than 2-to-1. This was a gross misuse of tax funds including turnpike and regents spending.

5) The arena will be a money losing failure if it is built using the current plan. The plan itself projects annual losses in the range of $800,000 a year. I frankly believe the losses will be larger than projected. This would be added to a large number of governmentally financed projects that are losing money in downtown Wichita.

6) This bill should be amended to extend the requirement in KSA 12-187 requiring voter approval of local sales taxes to be extended to cover local property taxes too.

We have had some folks ask about SB 58 appearing on Kansas Taxpayers Network’s 2005 vote rating. This will be a vote that is included for the reasons cited above.

A better way to pick judges

Contributed by John Todd and William T. Davitt. I fully agree.


A recent editorial in The Wichita Eagle discussed how trial court judges in Kansas are selected by either election or appointment. We favor neither method.

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

Appointment of judges invites corruption because attorneys and other special interests maneuver their members onto the selection committee that sends the names to the governor, and then they go behind the scenes and tell the governor which one they really want.

We favor a third way of selecting judges as advocated by Gerry Spence in his book “From Freedom to Slavery.” Mr. Spence favors having our judges drafted from a pool of trial lawyers who would serve on the bench for a “limited calendar of cases” before being returned to their private practices. Every trial lawyer would be required to support the system in the same manner, as citizens are now required to serve as jurors.

Court dockets would soon clear out, because enough judges could be drafted as were needed to clear the dockets. Mr. Spence states: “If judges were drafted, we would no longer be saddled for life with the political cronies of those in power, or be faced with judges who have received campaign contributions from our opponents. To be sure, we would experience some bad judges. But, Lord knows, we have them now — and often for life! On the other hand, we would benefit from the best minds in the legal business, who under our present system rarely seek the judiciary.”

Democracy requires full faith that justice will be administered with absolute impartiality. That faith is certainly challenged if we enter a courtroom knowing that our opponent has contributed substantial money to our trial judge’s last election campaign or that the judge was endorsed for appointment by a group or corporation that opposes our position in court. The current methods of electing or appointing judges offer little comfort in view of their corrosive effect on public confidence in the court system.

John R. Todd is a Wichita real estate broker. William T. Davitt is a Wichita lawyer.

HCR 5009: An attempt to drive down property taxes

From Representative Frank Miller


The Kansas Legislative Research Department provided information substantiating that property taxes increased by 126 percent since 1993, yet the inflation rate adjusted for population growth increased only 43 percent! I don’t see how the appraised value of residential property could have risen 2.75 times faster than inflation adjusted for population growth! I would suggest that appraisers are encouraged to over-appraise property in order to satisfy the need for increased property taxes without increasing the mill levy. I authored this bill in the hopes of restraining appraisers from adjusting the value of your property to a value that is higher than market value. Is not the selling price of your home the only true value for “MARKET VALUE”?

The key wording in the resolution would change the Constitution as follows: “The legislature shall provide that the appraised valuation of real property used for residential purposes which has been sold shall be adjusted to an amount equal to the average of the appraised valuation of such real property when sold determined pursuant to law and the sales price of such real property when sold.”

The clearest way to explain what this resolution would do is to offer an example. Assume that the latest appraised value of your home is $50,000, but during the year you put your home up for sale. Let’s further assume that your asking price was $55,000, but after much time the best price you could get was only $40,000. The county appraiser would be required by this change in the constitution to reduce the appraised value to half the difference or to $45,000. Is not the closest value to true market value the price a house is sold for on the market? This change reduces, or in like manner increases, the appraised value of residential property in a fair manner and in a manner that mirrors much closer the true market value of property.

There is nothing in the bill prohibiting appraisers from adjusting the appraised value of your home the following year. However, property owners will have a much stronger argument if the new appraised value represents an unreasonable increase, and this is at the heart of this resolution. The resolution will check the tendency to over evaluate the appraised value of residential property.

What kind of sales does this apply to? This bill would apply to arm’s-length sales. You could not sell your house to a relative (i.e. son, wife, etc) in order to manipulate artificially the appraised value of your property. I think this bill would be very beneficial to Kansans in trying to keep the escalation of property taxes in check. Unfortunately, the resolution at this moment is stuck in the House Taxation Committee and likely will not get out of committee this year. I will be pushing this resolution again next year. Let me know what you think.

To contact Rep. Frank Miller write, telephone, or email to P.O. Box 665, Independence, KS, 67301, Tel: (Home) 620-331-0281; Topeka office 785-296-7646, Email frank@frankmiller.org or miller@house.state.ks.us. Take a look at Frank’s updated webpage www.frankmiller.org.

Court Sets Trap for Legislature

I received the following, which I thought was interesting, so I present it. I do not entirely understand the author’s argument, so if anyone can help me understand, I would appreciate it.


Kansas Legislative Education And Research
827 SW TOPEKA BLVD TOPEKA, KS 66612
PHONE: 785 233 8765 EMAIL: ks klear@swbell.net

Contact: Bob L. Corkins

Court sets Trap for Legislature

The Bait:

“The Kansas Constitution thus imposes a mandate that our educational system cannot be static or regressive…

“…there is substantial competent evidence, including the Augenblick & Myers study, establishing that a suitable education, as that term is defined by the legislature, is not being provided.”

“…we need look no further than the legislature’s own definition of suitable education to determine that the standard is not being met under the current financing formula.”

“…the legislature has failed to “make suitable provision for finance” of the public school system as required by Article 6 § 6 of the Kansas Constitution.”

“It is clear increased funding will be required…”

The Snare:

The Supreme Court requires additional funding and implies that the legislature must do so because constitutional standard of “suitable education” has not been achieved. Increasing funding for this reason would be like walking into a trap.

Did the Supreme Court say the constitution requires “suitable education”?

*No*

The Court said the constitution requires “improvement’ and that the legislature has interpreted this to mean
“suitable education”.

The Court merely asserts that Article 6 refers to an improving educational system.

The Court itself is not making the connection, it’s just claiming that the legislature has interpreted “improvement’ ‘to mean “suitable education”.

The Court does not even explicitly say it agrees with the legislature’s alleged interpretation.

Is there anything in the Kansas Constitution that requires a minimally acceptable level of education quality?

No

All the Court’s references to minimum quality standards are to those now set (or may have at one time been set) by the legislature, not by the constitution.

The Court repeatedly states that the legislature failed to satisfy its own standards, not that the legislature failed to satisfy any constitutional standard.

A statutory standard does not equate to a constitutional entitlement.

The constitution’s mandate for “improvement” logically refers to students’ opportunity for personal self ‘improvement as compared to their ability to do so in the absence of public schools.

Suitable education indeed, even uniformly excellent education is a worthy and legitimate public policy goal even if it is not compelled by the state constitution.

To Avoid the Trap:

Financing must be increased, but do not do so because current funding violates any constitutional “suitable education” standard.

All current, and all future, statutory definitions of “suitable education” must make abundantly clear that the legislature is not defining the term as the result of a constitutional mandate, and that “suitable education” is distinct from the true constitutional mandate of “suitable provision for finance”.

Rep. Loganbill Advocates More Tax Brackets

On Saturday February 12, 2005, I attended a meeting of the South-Central Kansas Legislative Delegation. State Representative Judith Loganbill made remarks that included the fact that the maximum Kansas individual income tax rate becomes effective at taxable incomes of $30,000 for singles and $60,000 for married couples. A member of the audience spoke and expressed astonishment to learn this. I didn’t think about it at the time, but I now realize that Rep. Loganbill was advocating more tax brackets with higher rates.

Latest Federal School Finance Spending Revealed

Here is an article from the Kansas Taxpayers Network that reports on school spending: http://www.kansastaxpayers.com/editorial_fedschool.html.

On Saturday February 12, 2005 I attended a meeting of the South Central Kansas Legislative Delegation. Lynn Rogers, USD 259 School Board President, and Connie Dietz, Vice-President of the same body, attended. There has been a proposal to spend an additional $415 million over the next three years on schools. Asked if this would be enough to meet their needs, the Wichita school board members replied, “No.”

Legislative Delegation, Saturday February 5, 2005

On Saturday February 5, 2005 I attended the meeting of the local legislative delegation regarding the arena tax. Representative Tom Sawyer chaired the meeting. The audience wrote questions on notecards, and Representative Brenda Landwehr read them. To the best of my recollection, the people allowed to answer questions were Sedgwick County Commissioner Tom Winters, Sedgwick County Assistant County Manager Ron Holt, Sedgwick County Director of Finance Chris Chronis, Wichita Mayor Carlos Mayans, and Wichita Downtown Development Corporation President Ed Wolverton. All of these are arena supporters. No one with an opposing view was allowed to speak, except for near the end when Kansas Taxpayers Network Executive Director Karl Peterjohn spoke from the audience for a moment.

The news that was made during this event was that it was totally scripted by arena supporters, and except for Mr. Peterjohn’s brief remarks from the audience, there was no balance.

I created a handout for the legislators. A link to it is here.