The Kansas Association of Counties (KAC) set its legislative priorities for next year at a recent conference in Wichita.
Among the items on the counties’ agenda in 2025:
- Opposing unfunded mandates from the federal and state governments, which are requirements to provide certain programs and services, but without the funding to do so. KAC stopped short of endorsing the re-funding of the Local Ad Valorem Tax Reduction fund (LAVTR), which supporters contend could reduce property taxes by transferring sales tax revenue from the state to local governments. Opponents counter that LAVTR, unfunded by the state since 2003, did not achieve its stated purpose.
- On the contentious property tax issue, KAC supports reducing the counties’ reliance on property taxes to fund county government. Some support an earnings tax, a kind of “tax swap” to shift some of the government funding away from property taxes to income taxes.
- Extending constitutional Home Rule, now reserved for cities, to include counties. Home Rule gives local governments more flexibility to serve its constituents, contends supporters.
- While opposing expansion of Medicaid, KAC supports increasing Medicaid reimbursements and reducing waiting lists to decrease uncompensated medical care.
- On open government transparency, the counties support balancing citizen access with other “legitimate public interests” such as individual privacy and security and costs. Costs are of interest to the public and media organizations in pursuit of open records requests.
We asked KAC Executive Director Bruce Chladny for examples of unfunded mandates imposed on counties:
“These services are not optional. According to State Statues, they must be provided by counties. Local tax collections, grants, and fees are used to fund these mandated services.
- Public Health (KSA 65-201)
- Emergency Management (KSA 48-929)
- Solid Waste Planning (KSA 65-3405)
- Law Enforcement – Sheriff (KSA 19-801a)
- Jails (KSA 19-1901)
- Roads and Bridges (KSA 68-501 et seq.)
- Noxious Weed Eradication (KSA 2-1315)
- Election administration (KSA 25-124)
- Real Property Tax Collection (KSA 19-515)
- Personal Property Tax Collection (KSA 19-515)
- Property registration and recordkeeping – Register of Deeds (KSA 19-1204)
- Criminal Prosecution (KSA 19-703 and KSA 22a-104)
- Coroner Services (KSA 22a-226)
- District Courts (KSA 20-301)
- Mental Health Services (KSA 65-211 et seq.)
- Flood Control (KSA 19-3301 et seq)
- Property Valuation – Appraiser (KSA 19-425)
- Issue various licenses (i.e. marriage – KSA 23-2510)
Counties are created by the Legislature, which also has the obligation to establish reasonable standards of basic services like election administration, courts, and law enforcement. The Legislature also gives counties the power to collect property tax and sales tax for providing such services, and calling these services “unfunded mandates” seems more an excuse to explain away tax increases
We posed several questions about the agenda to KAC Legislative Director Jay Hall:
On the KORA cost change, how big a request from the media is too much, and warrants rejection of a KORA request? What do you consider reasonable expenses for fulfilling a KORA request?
“KORA requests are not rejected based on the size of the request, and KORA requests are billed at cost”
Hall’s response did not address a change in the KAC legislative positions, in which they now say transparency must be balanced against the cost of providing those services. The change this year seems to indicate that counties want to be able to reject Open Records requests with cost as an excuse, even though costs can be recouped.
Will counties agree to publish foregone revenue from tax abatements and other subsidies authorized by the county?
“Tax abatements are approved in public meetings.”
Again, Hall did not directly answer the question, indicating that county officials do not want to publish a list of foregone tax revenue.
Does KAC believe counties are operating as efficiently as possible?
“This question requests an opinion.”
Perhaps, but Hall could still say whether county officials believe they are operating as efficiently as possible. Dodging the question indicates county officials know they could operate more efficiently but don’t want to be caught saying so, as many taxpayers would strongly disagree. Saying they don’t operate as efficiently as possible is tantamount to admitting that they choose to spend more than necessary.
Medicaid reimbursements on the list of legislative priorities
One of the attendees at the conference was Leavenworth County Commissioner Mike Stieben, who appreciates the nuance of his organization’s position on Medicaid:
“I believe that taking a pragmatic approach on Medicaid expansion will benefit all parties; we will now see the association actively lobbying for expansion of the intellectual and/or developmental disabilities waivers for special needs people. This will help to pass actual legislation to help people rather than just debating Medicaid expansion an issue with little likelihood of passing next session. With the change, we can actually see real funding for real people who have been waiting on these lists for years.
“The KAC statement calls for the legislature to make positive legislative changes to help our hospitals in Kansas, “…to decrease uncompensated care and ensure the financial success of the hospital system.”
Commissioner Stieben concluded: “During the discussion of the issue, I pointed out that under current Kansas Supreme Court decisions that have declared that abortion is a constitutional right, any expansion of Medicaid could subject the taxpayers of Kansas to being required to pay for abortion.”
