Legislature should fix tax lid, go home

The official end of the legislative session is normally a ceremonial formality. But this year lawmakers face two important matters: Fixing, at least partially, a new law restricting property tax increases, and deciding whether to censure or possibly expel a lawmaker.

When they reconvene Friday, they need to take action on the tax lid but should take a pass on the disciplinary case.

As part of the tax-increase bill, the Legislature approved a new rule capping city and county property tax increases at the rate of inflation, adjusted for various factors. If total valuations increase more than that rate, local governments must either lower their mill levies or receive approval from voters to keep the extra tax money.

The rule requires the public vote to be held in August or November – neither of which is workable.

Cities and counties typically don’t receive their tax base estimates until late June or July, which isn’t enough time to determine whether a public vote would be required, develop the ballot question and get it to the election clerk in time to be on the August ballot. And the November election is too late, as it comes after cities and counties must have finalized their budgets.

Local governments have the option to conduct mail-in voting. But there likely still wouldn’t be time to prepare, send out and count the ballots before the budget deadline. Also, mail-in ballots can be costly – an estimated $225,000 in Wichita.

The other big problem – which is what lawmakers will address Friday – is that the lid was supposed to go into effect in 2018. However, due to a drafting error in the bill, it is set to start this July 1, which wouldn’t give cities and counties enough time to react.

Lawmakers should repeal the entire tax-lid provision, recognizing that it is unwarranted interference in local government. But at a minimum, they need to fix the implementation date.

A special panel also will meet Friday morning to decide whether to recommend reprimanding, censuring or expelling Rep. Valdenia Winn, D-Kansas City.

During a committee hearing earlier this session, Winn condemned a proposal to revoke in-state college tuition rates for children of undocumented immigrants as a “racist, sexist, fearmongering bill” and called its supporters “racist bigots.” Nine GOP lawmakers filed a formal complaint.

Winn shouldn’t have used that language. She should have expressed her strong opposition to the bill without judging the motives of others.

But lawmakers look bad in pursuing disciplinary action against Winn, especially when GOP lawmakers have made offensive comments without being censured – such as when Rep. Virgil Peck, R-Tyro, suggested the state shoot illegal immigrants from helicopters as it has feral hogs.

Even scheduling the hearing has drawn national media attention and derision.

Because the panel is composed of three Republicans and three Democrats, it is unlikely there will be enough votes to take action. It shouldn’t even try.

Just fix the tax lid rule and go home.

For the editorial board, Phillip Brownlee

This story was originally published June 25, 2015 at 7:07 PM with the headline "Legislature should fix tax lid, go home."