LKM Testimony

Alcoholic Beverage Regulations | General Local Government | Public Employees |
Public Safety | Tax & Finance | Transportation | Utilities

Alcoholic Beverage Regulations

Alcohol in Grocery Stores (HB 2532).

This bill would allow the sale of alcohol in grocery stores and convenience stores. LKM submitted written neutral testimony urging that the provision in the bill of a local CMB sales tax fund remain in its current form if the bill is adopted.

Alcohol Temporary Permit (SB 274).

This bill fixes the problem of some events being longer than the maximum permit timeframe. LKM supported this technical fix.

Public Venue License (SB 299).

LKM supported this bill which creates an alcoholic liquor license for public venues, rather than requiring the current temporary or caterer's licenses. It makes more sense for fixed venues in which the same company or person is serving the alcoholic liquor.

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General Local Government

Summary Ordinance Publication(Sub for HB 2166).

LKM has reached agreement on a proposal that would allow cities, at their option, to publish a summary of an ordinance in the newspaper rather than the full text. This proposal will be considered as a balloon to an existing bill when it is worked in Committee.

The Dissolution of the City of Treece (HB 2412)/ (SB 341).

This bill would dissolve the City of Treece. The League supported this bill because all but two residents of the City of Treece relocated after receiving public moneys from the EPA; consequently the city can no longer function as a local government.

Historic Environs (SB 329).

This bill would allow cities to adopt ordinances opting out of the State Historic Preservation Officer review process, and substitute it with a local historic preservation policy and process. LKM supported the local control aspect of this bill.

Home Rule Amendment (HCR 5004).

This concurrent resolution would open up the Constitutional Home Rule Amendment to prohibit a city from changing its form of government for four years after an election on the form of government. LKM stringently opposed this measure and the chair of the committee has indicated it will not be worked in committee.

Solid Waste Preemption (HB 2639).

This legislation would prohibit cities and other municipalities from providing commercial solid waste services if a private hauler can provide the services at the same or lower cost. LKM, along with the Kansas Association of Counties, and other entities oppose this legislation as an infringement on home rule and local control.

Immigration (HB 2492, HB 2577, HB 2576, HB 2578).

The immigration bill testimony involves three separate bills that would create unfunded mandates, administrative complexities and potential litigation and liability. LKM will be testifying in opposition to these bills on those bases during the week of February 13.

Repealing the Kansas Advisory Council on Intergovernmental Relations (HB 2725).

This bill would repeal the statutes concerning the Kansas Advisory Council on Intergovernmental Relations, effectively dismantling the council. The League opposes this bill.

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Public Employees

KPERS Select (SB 338).

These are LKM's comments on the KPERS Study Commission bill proposing that the local government plan be separated from the state and school plan, and that no changes be made to the local plan.

Prohibiting Discrimination Based on Unemployment Status (SB 295).

This bill would prohibit employers from inquiring about a job applicant's gap in employment history. The League opposed this bill because it effectively prohibits employers from inquiring into a job applicant's employment history and could potentially make background checks unlawful.

KPERS (HB 2545; HB 2333; SB 259).

The House KPERS testimony is identical to the Senate version. These bills reflect the decisions of the KPERS study commission. LKM testified in opposition on the basis that the local government group is not that underfunded and should be left out of any changes to the current system. This is the position taken by the LKM Governing Body.

Firefighter Spouse Health Insurance (SB 250)

This bill will allow the family of a firefighter killed in the line of duty to remain on a city or county health insurance plan, if the firefighter was covered under such plan. LKM did not testify on the bill in the Senate Financial Institutions and Insurance Committee, but was actively involved in working on a compromise that allows the League to remain neutral on the bill.

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Public Safety

Concealed Carry (HB 2353).

This bill would allowed concealed weapons to be carried into all public buildings unless you are able to secure all doors with metal detectors. LKM opposed this legislation on the basis of local control arguing that cities should make this decision locally.

Sheriff Service of Process (SB 283).

LKM opposed this bill because it would remove the exemption for local government from having to pay service of process fees. That exemption will likely be added back in if the bill passes out of committee. LKM will then be neutral.

Dangerous and Abandoned Structures (HB 2646).

HB 2646 would amend current law regarding dangerous and abandoned structures by including commercial real estate in the definition of abandoned property. LKM supports this change.

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Tax & Finance

Property Tax Lid Bill (HB 2212).

Bill appears on its face to be a property tax lid bill. However the proponents of the legislation argue it merely requires a vote of a local unit's governing body, and publication in the official newspaper, for the levy in the upcoming year to exceed the levy in the current year. This is confusing as existing law already requires that cities publish an ordinance prior to a property tax increase becoming effective for the next budget year. The danger is that New Section 1 of HB 2212 is separated from the existing Section 2, thus creating a permanent property tax lid on local units of government.

Budget Timing Bill (HB 2176).

This bill would move the date for filing budgets from August 25th to September 25th. LKM testified in favor of this legislation.

Sales Tax Holiday (HB 2287).

This bill would establish a statewide sales tax holiday which would temporarily suspend the collection of all state and local sales tax levied upon retailed sales of the goods specified in the bill. These goods are described by the supporters of the bill as being "back-to-school supplies". The League opposed the bill it is an intrusion and further erosion of the existing sales tax base available to cities, counties and the state.

Extension of the STAR Bond Act (HB 2561).

The STAR bond act is currently scheduled to expire on July 1, 2012. HB 2561 would extend the act for an additional five years. The League has long supported the STAR bond act and supports HB 2561.

Machinery & Equipment “Trade Fixtures” (SB 317; HB 2501; SB 59) Fiscal Impact Legal Opinion

This legislation would expand the definition of machinery and equipment to include “trade fixtures.” The definition of a trade fixture is unclear at this point. LKM opposes this legislation as a further erosion of the property tax base.

Motor Vehicle Property Tax (SB 421).

This proposal reduces the motor vehicle property tax from 20% in FY 2012, to 18% in FY 2013, to 16% in 2014, to 14% in FY 2015, to 12% in FY 2016 and all years thereafter. Losses to local governments are estimated to be $25 million in the first year, $40 million in the next year, and $60 million in the third year. While the bill does provide some mitigation by slowing the depreciation schedule, such mitigation does not even begin for five years. LKM opposed this legislation.

Local Ad Valorem Tax Reduction Fund (HB 2609)

This bill would authorize $13.5 million in FY 2014 and $22.5 million thereafter to the Local Ad Valorem Tax Reduction Fund (LAVTRF). LKM testified in support of this legislation.

Local Ad Valorem Tax Reduction Fund (SB 409; HB 2117)

This legislation would provide $45 million in LAVTR funds beginning in FY 2013. LKM supported this bill in its original form.

Property Valuation (SCR 1612)

This bill proposes an amendment to the Kansas constitution to permit the legislature to adopt legislation to cap or limit the increases in valuation of single family residential property owned and occupied by persons 65 or older. The League testified in opposition to this bill.

State Income and Sales Tax Laws (HB 2763)

This bill would repeal current state income and sales tax laws and adopt, in lieu thereof, a 5.7% consumption tax upon non-exempt goods and services, as defined in the bill. The League is testifying in opposition to HB 2763 because, as written, the bill also repeals local governments' ability to collect local option sales and use taxes. This would impact cities with the loss of more than $360,000,000 in sales and use tax revenues.

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Transportation

Transportation Funding (HB 2747, now SB 177).

League is opposing one specific aspect of HB 2747, the House Tax Plan, which deletes the 4/10 of a cent funding for the T-WORKS Comprehensive Transportation Program beginning July 1, 2013. Removal of this revenue source would effectively eliminate many of the promised T-WORKS projects.

Establishing a Safety Corridor (HB 2556).

HB 2556 permits the Secretary of Transportation, based upon criteria contained in the bill, to establish and designate certain segments of highways as being "safety corridors". The intent of the program is to elevate safety awareness by vehicle operators within the designated zones to reduce traffic violations and accidents. Fines for moving violation in a safety corridor would be doubled. The League supports HB 2556.

Rails to Trails (HB 2735)

This bill regards the valuation and taxation of federally railbanked rights-of-way (Rails to Trails). The league testified in opposition because the way the bill is written would require any city that operates a trail to be responsible for the property taxes. The bill does not provide a means for a city to obtain a tax exemption on the trail.

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Utilities

Utility Surplus Bill (HB 2661).

This bill would prohibit cities from transferring utility surplus to the general fund to be used for other purposes. LKM, along with KMU and others, opposes this legislation as it interferes with rate making by locally elected officials and could force cities to raise property taxes.

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