A push to dump the Kansas food sales tax could run into election politics

Efforts to eliminate the 6.5% sales tax on food have the support of the leading candidates for governor, but the change has hit some political hurdles nonetheless.

by Dylan Lysen, KCUR and Kansas News Service

Lawrence, Kansas — Buying groceries has become more difficult for Patty Wiggins.

Previously, a week’s worth of groceries cost the retired nurse about $30. But as inflation over the last year made seemingly everything more expensive, the groceries cost about $50.

To help fill that gap, Wiggins, who lives in Lawrence, supplements her groceries through her local food bank, Just Food. Wiggins said she wished she wouldn’t need to do that, and there is some hope that some relief is on the way.

Kansas lawmakers are debating a bill that would eliminate state sales tax on food. If the bill becomes law, it would wipe out the state’s 6.5% sales tax on food and provide a little more spending room for shoppers like Wiggins.

“(Spending) $10 or $20 more a month may not sound like a lot,” Wiggins said. “But it makes a difference, especially when you live like me on a fixed income.”

Despite apparent bipartisan support for dumping the sales tax on food — it’s a top priority of Democratic Gov. Laura Kelly and the change has support from Attorney General Derek Schmidt, her likely re-election opponent in November — the effort looks shaky at best.

Already, one state Senate committee has amended the proposal to delay the end of the tax by a year, to Jan. 1, 2024.

The Republican-controlled Legislature has also tried to tie the measure to other, more partisan tax changes. And GOP lawmakers could be reluctant to give Kelly a win on cutting taxes in an election year.

Can the state afford it?

Republican state Sen. Caryn Tyson from southeast Kansas chairs the tax committee and said the elimination of the sales tax on food has been complicated by another major tax bill. The governor lobbied hard for a change in law that will let the state give roughly $1 billion in potential tax incentives to a company — its identity hasn’t been made public — if it delivers on promises for a manufacturing plant with thousands of jobs.

Tyson said if the company chooses to move to Kansas, the state would be providing millions of dollars in incentives to the company for years. Erasing the sales tax on food could cost the state from $320 million to $785 million a year in revenue. Tyson said the tax giveaways to a new, large employer would make it harder to afford the lost money to the state that would come with exempting food from the sales tax.

“We have to be good stewards of the state’s money,” Tyson said. “That has to be taken into consideration when working on other kinds of legislation.”

Along with pushing back the start date of the food sales tax cut, the amended bill also includes making changes to the state’s sales tax on utilities.

Sen. Tom Holland, the top-ranking Democrat on the tax committee, wants the food sales tax to go away in July — not a year and a half later.

Holland also said Kansas can afford to offer the incentives to a manufacturer and cut the sales tax because the state expects to have more than $2 billion in surplus at the end of the fiscal year in June.

“We need to get that tax relief back to Kansas families,” he said. “The best way we can do that is a sales tax refund bill.”

Inflation pressure

Advocates for the cut have said it is needed now to give Kansans a break when food prices are skyrocketing.

The U.S. Department of Labor says the country saw a 7.5% increase in rate of inflation over the last year, which is the largest increase since 1982.

Wiggins, the retired nurse, said she saw a small increase to her Social Security checks. But she said that didn’t make much of a difference.

“It’s all gone because of the inflation,” Wiggins said. “They say inflation has hit certain portions of the groceries. But what I see in the stores, it has hit everything.”

She is not alone. Brain Walker, president for the Kansas Food Bank based in Wichita, said many of the more than 200,000 Kansans his organization serves would benefit from food sales tax relief. Removing the tax would immediately allow them to put more food on their tables, he said.

People with lower incomes are disproportionately affected by the tax, Walker said. He used the example of a four-person family making $20,000 a year purchasing the same amount of food as a four-person family making $100,000 a year. While the families buy the same amount of food and pay the same amount of tax on it, the family with a smaller household income pays a larger percentage of that income toward the tax.

“To us, it makes really good sense,” Walker said. “When you cut the sales tax, you aren’t favoring anybody — both groups of folks get the relief. But the help it extends to a struggling family is huge.”

Election politics

Debates about giving breaks to consumers and whether the state can afford the lost revenue — Republicans note that the state’s financial surplus is propped up by federal pandemic aid that won’t continue in years to come — come in the midst of an election year.

Kelly, who is running for a second term, has repeatedly called for the cut of the tax. It featured prominently in her State of the State address in January and her “Axe the Food Tax” slogan plays in her re-election campaign. Kelly says it would save the average Kansas family about $500 a year.

But Schmidt also asked lawmakers to make a cut this year.

In a letter to Republican legislative leaders in November, Schmidt called for the lawmakers to eliminate or at least significantly reduce the tax on groceries because of inflation.

Wiggins said she hopes lawmakers don’t delay on approving legislation.

“It would be nice to think they would pass it and get started changing (the tax),” she said. “I’ll believe it when I see it.”

Dylan Lysen reports on politics for the Kansas News Service. You can follow him on Twitter @DylanLysen or email him at dlysen (at) kcur (dot) org.
The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.
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Kansas House advances constitutional amendment requiring elected sheriffs

by Sherman Smith, Kansas Reflector

Topeka — Rep. Eric Smith encouraged House members Tuesday to support a constitutional amendment requiring counties to elect sheriffs, rather than risk the possibility of a county commission gaining authority to appoint the position.

Smith, a Republican from Burlington who said his “real job” as a deputy sheriff for Coffee County supports his political hobby, joined other supporters of the proposal in arguing it is important to shield top law enforcement officers from the scrutiny of other elected officials.

“I just want want you to consider the idea that when you have an elected sheriff out there, that individual serves you and serves your constituents as an individual who has to uphold those values that they were elected on, and you can hold them accountable for that,” Smith said.

The House advanced the constitutional amendment on a voice vote. If two-thirds of the members of both the House and Senate approve the resolution, voters will get to decide the issue in November. In additional to requiring counties to elect sheriffs every four years, the amendment specifies that a sheriff can only be removed from office by a recall vote or legal action by the attorney general.

Supporters of the amendment, including Rep. John Resman, a retired deputy sheriff and Republican from Olathe, raised concerns about discussions by the Johnson County Charter Commission as the basis for needing the amendment. Opponents included a Republican and Democratic representative from Riley County, which is served by a countywide police department.

Resman said he was personally involved in investigations in Johnson County that involved city or county government officials who conducted criminal activity and were charged with crimes.

“I think this is extremely important that the people realize or understand that the sheriff has the ultimate authority for investigating these types of crimes,” Resman said. “And there won’t be any interference by bureaucrats or by the county commissioners.”

Rep. Stephanie Clayton, D-Overland Park, said she favored “local control” and a community’s ability to determine the system that works best.

“I don’t generally support the entire state imposing their will on Johnson County,” Clayton said.

Rep. Ken Collins, R-Mulberry, speaking in favor of the elected sheriff requirement, said the position of county sheriff holds a “special place” in the way of life for many Kansans.

“I could go back to my home district and ask someone who their state representative is, and they might know that it’s me,” Collins said. “I could ask someone to name their county commissioners, their mayor or their city officials, and they might or might not know. But ask them to name their sheriff, and I would venture to guess that a majority would give you the correct answer without having to think about it.”

Currently, Riley County is the lone outlier among the state’s 105 counties. The other 104 have a sheriff who is elected.

Rep. Michael Dodson, R-Manhattan, said the county’s unique arrangement saves taxpayers money. There is one jail, one training complex, one emergency response team, one set of mental health specialists, and consolidated dispatch. The police force can send an officer off to a six-month training course because others are available to cover necessary shifts.

Every county should be able to choose the system that works best, Dodson said.

“If a county wishes to have a sheriff, that’s a great choice,” Dodson said. “Likewise, if a county wishes to consolidate, they should be able to do that.”

Rep. Sydney Carlin, D-Manhattan, also opposed the amendment.

Rep. Tatum Lee, R-Ness City, thanked the law enforcement officers who watched the debate from the public gallery. Addressing the gallery violates chamber rules.

“The power should always be with the people. Always, always be with the people,” Lee said. “And the fact that we would try to give some committee in some county board somewhere control of that is just crazy to me.”

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Kansas attorney general asks high court to block redistricting lawsuits

by Sherman Smith, Kansas Reflector

Topeka — Kansas Attorney General Derek Schmidt wants the Kansas Supreme Court to block a pair of lawsuits challenging the legality of a new congressional map.

The American Civil Liberties Union of Kansas and Loud Light filed separate lawsuits Monday in Wyandotte County District Court. The lawsuits argue the state constitution’s bill of rights provides protection against political and racial gerrymandering.

In a petition filed Friday, Schmidt asks the state’s highest court to determine whether the U.S. Constitution prevents state courts from considering a challenge to the redistricting of federal congressional maps.

“Plaintiffs’ political gerrymandering claim is not justiciable under the Kansas Constitution,” Schmidt wrote in the petition. “No judicially manageable standard for evaluating such claims exists, Kansas courts have not historically entertained such claims, and the Kansas Constitution has nothing at all to say about political gerrymandering.”

Sharon Brett, legal director for the ACLU of Kansas, said Schmidt’s “argument that Kansas courts are devoid of authority to interpret their own state constitution is without merit.”

“The Kansas Supreme Court can — and indeed should — determine whether legislation passed by the Kansas Legislature violates Kansans state constitutional rights,” Brett said. “To hold otherwise would give this Legislature virtually unchecked power to violate the constitutional rights of Kansans for pure partisan gain. We will vigorously oppose any attempt to strip the Kansas Supreme Court of this important check on legislative overreach.”

This is the first time a redistricting lawsuit has been filed in a Kansas state court.

Traditionally, federal courts have resolved disputes. The U.S. Supreme Court, however, determined in 2019 that partisan gerrymandering claims are beyond the reach of federal courts.

The GOP supermajority in the Legislature adopted a congressional map that divides the Kansas City metro into two districts, and carves Lawrence out of Douglas County to place it in a district that stretches to the Colorado border. The goal of the map is to make it more difficult for the state’s only Democrat in Congress, U.S. Rep. Sharice Davids, to win re-election.

Schmidt, a Republican, is running against Democratic Gov. Laura Kelly in this year’s governor’s race.

A map produced by Republicans in the House and Senate would place Lawrence in the 1st District, which stretches to the Colorado border, and split Wyandotte County between 2nd and 3rd districts. (Submitted)

The ACLU of Kansas and Loud Light filed lawsuits on behalf of Kansas City, Kansas, and Lawrence residents who lost voting power in the redrawn map. The northern part of Wyandotte County, which was moved out of Davids’ district, has a majority Black and Latino population.

The legal argument centers on whether the Kansas Constitution’s Bill of Rights contains specific provisions that protect voting rights.

“The constitution says very clearly that all political power is inherent in the people, and that the power of the government is for the people’s equal protection and benefit,” Brett said in an interview when the organization filed its lawsuit. “So each person in the state of Kansas should have equal ability to influence their legislators, elect the electors of their choice, and participate in the essential democracy of our state.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
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