Category: Kansas Legislature

Kansas attorney general asks Legislature to prohibit sanctuary cities

In a reaction to last night’s Unified Government Commission vote approving a Safe and Welcoming ordinance for Kansas City, Kansas, the Kansas attorney general today urged the Kansas Legislature to prohibit sanctuary cities.

At last night’s meeting, UG officials stated this was not a sanctuary city ordinance that passed. The ordinance was to provide a city identification card, and also to state that local authorities would not notify federal immigration officials about undocumented workers.

The KCK ordinance states that UG resources cannot be used to enforce federal immigration law. It also establishes a local identification card program for people who do not have ID. The ID program will be run through a third-party contractor, not directly by the city. The ordinance also welcomes immigrants and their families to the community.

Attorney General Derek Schmidt’s statement, however, called it a sanctuary city ordinance.

“The local government in Kansas City last night narrowly adopted an ordinance that, in colloquial terms, designates Wyandotte County in some ways as a ‘sanctuary’ jurisdiction for illegal immigrants,” Schmidt stated in a release on Friday. “In part, the ordinance attempts to prohibit or impede Kansas City law enforcement officers from participating or assisting in the enforcement of immigration law. This action is the latest by a Kansas municipality to limit local law enforcement cooperation with federal immigration authorities. In my view, it is unwise to inject a patchwork of local immigration politics into law enforcement activities in this manner, particularly at a time when the Biden administration continues to fail in its duty to secure our southern border. It is possible to welcome immigrants without ordering the police to ignore the law.”

“Despite these serious concerns, it is not entirely clear that current state law prohibits what is being done in Kansas City,” Schmidt wrote in his statement. “Even after years of discussion and debate, the State of Kansas has not adopted a state statute specifically prohibiting local ‘sanctuary’ jurisdictions for illegal immigration. I believe it is now necessary and appropriate to do so, and I call upon the Legislature to enact a clear, strong and effective state law on this subject this year.”

Kansas City, Kansas, Police Chief Karl Oakman spoke at the Thursday night meeting, and he said that the KCK police are not currently notifying immigration authorities about undocumented workers, and he is not aware of any cases where they have not done so for some years. It is not a current practice at the KCK police department, he said. The law asks federal authorities to enforce federal immigration laws, according to police, while the police enforce state and local statutes and ordinances, not federal ones.

Sheriff Dan Soptic also spoke at the meeting and told the commission that his office routinely will notify immigration authorities of the presence of an undocumented person if they are doing a background check at the jail and the name comes up with a federal judicial warrant. The sheriff’s office is not under the new ordinance, however, since the sheriff is an elected county official who is responsible for all the policies in the department, according to UG attorneys. The UG Commission is not over the sheriff’s office in the area of policies, although there is some budgeting that the UG Commission does.

There is nothing in the UG ordinance that would prevent police from enforcing any of the laws, according to supporters of the Safe and Welcoming ordinance who spoke at the Thursday night meeting. Supporters said the new ordinance will make it easier for crime victims who don’t have IDs to come forward and work with the police.

Also, educators who attended the meeting said it will now be easier for parents without IDs to enroll their children in local schools, and it will be easier to get the children and families health care. Only UG departments are required to accept the ID; it is optional for other organizations and businesses whether to accept it, according to UG lawyers. It might also be easier to collect local taxes.

UG Commissioner Melissa Bynum, who supported the ordinance, said nonprofits have estimated there are about 14,000 undocumented adults already in Wyandotte County. She said she is a strong supporter of local law enforcement, and that she sees this new ordinance as an extension of the community policing model that KCK adopted in the 1990s, working more with the community and building trust with the police.

“This is an ordinance that breaks no law,” Commissioner Christian Ramirez said at the Thursday night meeting. “It does not hinder our police. It is something our Police Department is already doing, and we are just putting it in policy.”

Most critics of the new ordinance who spoke at last night’s meeting did not discuss the law enforcement aspect, but instead said that they wanted a citywide vote on the issue.

Lawrence, Kansas, and Roeland Park, Kansas, already have Safe and Welcoming ordinances in place.

To see a story about Thursday night’s UG meeting, visit https://wyandotteonline.com/category/unified-government-commission/.

More information about the meeting, including public comments by many speakers, is at https://www.youtube.com/watch?v=FGfQkbCorks.


To see an earlier story about a UG committee where this topic was discussed in January, visit https://wyandotteonline.com/modified-safe-and-welcoming-ordinance-receives-committee-approval/.

Kansas governor approves megaproject incentive package meant to woo secret company

by Noah Taborda, Kansas Reflector

Topeka — Gov. Laura Kelly signed into law Thursday a financial incentive package intended to woo a secret company that could bring billions of dollars to the state and thousands of new jobs.

The Attracting Powerful Economic Expansion Act, or APEX, looks to give Kansas the edge over competition in Oklahoma for the site of an unnamed company’s production plant. The project would bring 4,000 new jobs to Kansas and inject $4 billion in business investment into the state economy.

The new program provides a refundable tax credit of up to 15% to be paid back over 10 years, payroll reimbursement of up to 7.5% and a relocation incentive fund.

“This positions Kansas to potentially land a once-in-a-generation opportunity that could transform our economy,” Kelly said. “This tool is about more than just one project. It makes us an economic powerhouse ready to compete on a national and global scale. That means thousands of new jobs, billions more business dollars injected into the economy, and more opportunities for Kansas families.”

The state Senate and House both approved the measure, despite pushback from some legislators on both sides of the aisle over the secrecy of the project and how quickly the act moved through the Legislature. However, supporters argued Kansas had to act quickly or risk losing out on another major economic opportunity.

The Department of Commerce has argued the state needs the program after whiffing in the past on 11 of these so-called megaprojects.

Estimates from nonpartisan legislative staff indicate the package would cost well over $1 billion, but an analysis by Wichita State University indicated the measure could eventually generate $2.5 billion annually in new economic activity. Lt. Gov David Toland, who also serves as commerce secretary, said the act would put Kansas on a level playing field with the rest of the country for these megaprojects.

“The APEX bill gives us a realistic shot at winning large economic development projects that will bring huge business investment and job creation to our state,” Toland said. “We are excited about our chances with the current prospect that would be transformative for our state and deliver long-lasting benefits to Kansas.”

The act would sunset on May 1, 2024, and limits the number of agreements the state can reach to one per year. Additionally, APEX would cut the state’s 4% corporate income tax rate by 0.5% once per project.

Should the company leave the state 10 to 15 years after the deal, a claw back provision allows Kansas to recoup some of the financial investment. Any agreement or payout rate changes require approval from the State Finance Council.

That panel of leading lawmakers met Thursday to discuss the planned offer to the secret company.

“The passage of APEX is a win for communities across Kansas,” said Curtis Sneden, president of the Greater Topeka Chamber of Commerce. “It’s time to show the nation that Kansas is ready to compete at a new, unprecedented level.

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

See more at https://kansasreflector.com/2022/02/10/kansas-governor-approves-megaproject-incentive-package-meant-to-woo-secret-company/

Senate weighing bill to trim property tax for K-12 schools by $150 million annually

by Tim Carpenter, Kansas Reflector

Topeka — Passage of property tax legislation in the Kansas Senate would exempt $100,000 of the assessed value on residential property from the 20-mill tax used by the state to finance public schools and would result in a decline of nearly $150 million annually in state revenue.

Since 1997, state law has required the first $20,000 of assessed value to be exempted from the statewide mill levy for K-12 education. Under Senate Bill 431, that exemption from would be five times larger starting in tax year 2022.

A lobbyist for Kansas realtors endorsed the bill Thursday. No one stood in opposition to the measure. It was introduced by Sen. Caryn Tyson, a Parker Republican who chairs the Senate Assessment and Taxation Committee. She is seeking the GOP nomination for state treasurer in 2022.

The Kansas Department of Revenue estimated the bill would curtail state property tax revenue by $147 million to $149 million each year.

To sustain state aid to public schools, the Legislature and Gov. Laura Kelly would need to increase appropriations from the state treasury by a corresponding amount.

Mark Tomb, of the Kansas Association of Realtors, said the organization endorsed the bill because the $20,000 exemption was no longer “meaningful” because it failed to keep pace with inflation in the price of homes. He said the real estate sector was burdened with excessive taxes by state and local government.

“While we realize the importance of many programs funded through property tax revenues, we believe tax revenues should be equitably collected from a variety of sources and encourage taxing jurisdictions to consider the negative impact to the housing market associated with any potential increase in property tax rates,” he said.

Jim Karleskint, a former state legislator representing United School Administrators, said the organization was neutral on the bill. However, he said, legislators should be wary of potential financial challenges of shifting away from a stable source of tax revenue for K-12 education to the state general fund subject to economic fluctuations and tax revenue twists and turns.

He recommended the Senate committee consider a gradual increase in the exemption to $40,000 or so rather than take the full step to $100,000. He said a potential sharp decline in overall state tax revenue could lead to legal challenges based on the school finance formula.

“We wish all citizens have the opportunity to reduce the amount that is paid in property taxes,” Karleskint said. “We encourage the committee to be cautious in their actions on this legislation.”

The Legislature is working on a wide array of tax reform bills intended to chip away at a projected $2.9 billion revenue surplus driven by federal emergency relief and resurgence of the state economy in wake of the COVID-19 pandemic.

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

See more at https://kansasreflector.com/2022/02/10/senate-weighing-bill-to-trim-property-tax-for-k-12-schools-by-150-million-annually/.