Property tax law intrusive, unworkable

Kansans hate property taxes, which means every legislative attempt to fight them is savvy politics. But the 2015 Legislature’s unworkable property tax limit on cities and counties is unworthy of the support of the Sedgwick County Commission, which should be looking out for local control as well as its ability to pay for needed services into the future.

Sen. Jacob LaTurner, R-Pittsburg, offered the unvetted idea to require local governments to hold elections before spending property tax revenue generated in excess of the rate of inflation. The law failed to account for when property valuations become available, when local budgets must be adopted and when elections can be scheduled – seemingly fatal flaws on top of its trampling on the principle of home rule. Local governments have noted the lid doesn’t allow for costs driven by population growth, or for uncontrollable budget items such as benefits or natural disaster costs.

Then there was the hypocrisy of the amendment’s context – the session-ending bill that regressively jacked up statewide sales and cigarette taxes while slashing income tax itemized deductions.

Yet in last month’s State of the State address, Gov. Sam Brownback called on lawmakers to close the law’s loopholes and implement it sooner than 2018. “The ability to raise taxes at the local level should not be made without consent and input from local citizens,” the governor said.

Instead of joining the Kansas Association of Counties’ effort to see the law repealed, however, Sedgwick County Commission Chairman Jim Howell advocated Monday that county officials mobilize and advise the state on how to fix it.

That brought a push-back from Commissioner Dave Unruh, who noted that the “Legislature wants to take away our ability for home rule and impose this on us, without any restriction on their ability to tax – which is curious.”

The opposition by Unruh and most counties, plus the League of Kansas Municipalities, is unlikely to lead to repeal, unfortunately. Answering Brownback’s call, some at the Statehouse are pushing Senate Bill 316, which would eliminate some exemptions in the 2015 law and make the lid effective July 2016. In an especially rich twist, it would even remove an exemption for new expenditures specifically mandated by state law (as well as federal).

It seems that making life more difficult for other taxing entities in the state is a perfect way for lawmakers and Brownback to divert voter attention from their own poor tax decisions. But must Sedgwick County sanction the abuse?

This story was originally published February 2, 2016 at 6:07 PM with the headline "Property tax law intrusive, unworkable."