January 23, 2012 Newsletter

2012 Issues Survey Now Available

As the 2012 session develops it is important to me that I understand what the residents of the 118th District are thinking on the important issues we will face. My 2012 Issues Survey is now available online, and I encourage response from anyone living in the 118th District (Wallace, Logan, Gove, Trego, Wichita, Lane, Ness and Rush Counties).

Go
HERE to participate in the survey and make your thoughts known.

To make the survey results truly representative of the thoughts of the residents of the 118th District I need a large response. If you have friends, family, or associates who might be interested in completing the survey and receiving the newsletter I would appreciate you forwarding their contact information to me.

 
Kansas Water Policy

Last summer Governor Brownback convened an Ogallala Water Summit in Colby to bring together several hundred interested Kansans to discuss the issues of water scarcity and water quality.  Following the summit, Kansas officials from the Kansas Water Authority worked with legislators and other stakeholders to develop new initiatives to better manage this precious resource.  This effort produced several bills which are now being prepared for legislative consideration and possible action.  These bills would:
   
1.  Eliminate "use it or lose it" (abandonment of water rights) in areas that are closed to new appropriations, with groundwater as the source. This will provide encouragement to conserve rather than use water simply to be able to preserve the right.

2.  Extend the Water Right Transition Assistance Program (Water TAP) beyond this year's sunset, to help retire water rights.

3.  Extend the water banking program and allow for more water banks to be created.

4.  Expand the options for the Multi-Year Flex Account program, to assist water users to manage water over 5-year periods. This will help those affected by the 2011 drought manage water allocations and also provide flexibility for all water right managers who may choose to use the program.

In addition, the Groundwater Management Districts, working with Senator Ostmeyer and the KDA Division of Water Resources, have designed a Local Enhanced Management Area (LEMA) tool, which would allow local water right holders to come together and agree on conservation management plans. The LEMA would be similar to the IGUCAs - Intensive Groundwater Use Control Areas - but with greater local control and flexibility.

I am pleased that the Governor's budget recommendations included an additional $924,000 for a water right purchase program which the Governor has discussed with the Groundwater Management Districts. This program would provide for the retirement of partial water rights, which will contribute to conserving water and extending the life of the Ogallala Aquifer. This is a way to get the most water conservation for the amount of dollars available. I am also hoping this can be further maximized through partnership with federal conservation funds. This program can be administered through the Water TAP law by the KDA Division of Conservation.

A FAQ on Governor Brownback's 2012 Water Policy is available
here.



Regulatory Train Wreck


Some of the first meetings of the House Energy and Utilities Committee this month have focused on the dramatic increase in environmental regulations coming down from the U.S. Environmental Protection Agency (EPA).  President Obama’s appointees at the agency have been very aggressive in issuing numerous new rules and regulations to industry, often on a very short and unworkable timetable.

 Here are some of the new regulations that are currently facing the Kansas energy industry:


1.     Cross State Air Pollution Rule (CSAPR)

2.     Electric Generating Unit Maximum Achievable Control Technology for Hazardous Air Pollutants, now referred to as Mercury Air Toxics Standards (MATS)

3.     New Source Performance Standards for Greenhouse Gases (NSPS GHG)

4.     Coal Combustion Residuals (CCR)

5.     2010 SO2 National Ambient Air Quality Standard (SQ NAAQS)

6.     Water Intake Structures at Existing Facilities Rule

7.     Reciprocating Internal Combustion Engine National Emissions Standards for Hazardous Air Pollutants (RICE NESHAP)

Yes, I know.  Just reading the titles of the new regulations is enough to make your eyes glaze over.  But rest assured that the eyes of management of Kansas’ electric power suppliers are certainly not glazed over.  They are wide open in amazement.  Collectively they have testified to the Energy and Utilities Committee about the immense cost – in the billions of dollars – that these new regulations could cost them.  And cost is not the only issue.  The most onerous new rule is probably CSAPR, implementation of which was recently stayed by order of the D.C. District Court.  If the stay is lifted, Kansas utilities will have neither the funds nor more importantly, the time, to implement the mandated changes on the schedule required.  Members of the committee were informed that this could result in rolling blackouts in areas of southern Kansas as early as this coming summer!

While it is possible that some of the new regulations are actually not necessary and are nothing more than regulatory overkill, it is also likely that some of them really are needed to protect the long-term health of the environment and its inhabitants.  What is definitely not needed, however, is such an aggressive timetable, and the compounding effect of too many new regulations coming at the same time.  It has become painfully obvious that the EPA has developed rulemaking procedures based on perceived environmental considerations alone, with no regard for cost or economic considerations.  That is simply wrong.
 
Here is a quote from the testimony of Earnest Lehman, President and General Manager of Midwest Energy in Hays: “Never before have I seen so little concern for the economic and reliability impacts of regulation on the customer at the end of the line”.  Lehman went on to say “The new regulations were developed, including the implementation timing, with no regard for the impact on the overall bulk power system.”  It is little wonder that some have come to regard the EPA as a rogue agency that is literally out of control, and the multitude of new edicts coming from them to be nothing less than a regulatory train wreck. . 




Presidential Preference Caucus

On Saturday, March 10 the Kansas Republican Party will be conducting the Presidential Preference Caucus in about 100 locations throughout the state, including one in each county in the 118th District.  Participation is open to any registered member of the Kansas Republican Party, and I encourage your attendance. 

No Republican candidate will have enough votes to lock up the party nomination before the primaries in other states in April, so your participation will be important! Go to the website  of the Kansas GOP for more information and then click on the "Caucus: March 10" drop-down menu to learn more.  Note that this will be a good "test-run" to make sure your credentials are in order for Kansas' new voter ID law before voting in primary and general elections later this year!



Legislative Pages Wanted

During each legislative session every legislator has the privilege of hosting young people who wish to serve as a legislative page for a day.  This year I will be allowed four pages on Monday, February 6, and four more pages on Monday, March 12.  Please contact me for details if you know of any junior high or high school student who would like to serve.



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Quick Links

Governor Brownback's January 2012 Recommended Budget

Governor Brownback's Tax Reform Plan

Governor Brownback's Medicaid Reform Plan

KPERS Study Commission Final Report

Governor Brownback's School Finance Reform Proposal

Kansas Legislative Research Kansas Fiscal Facts

Kansas Legislative Research Kansas Tax Facts


 
  


Words to Live By 





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Cowboy Logic:
  Money can't buy happiness, but neither can poverty.
 






 
Quote of the Week:   "You give but little when you give of your possessions.  It is when you give of yourself that you truly give” – Kahlil Gibran 







Sermon in a Sentence:  Friends listen to what you say.  Best friends listen to what you don’t say.








1-16-2012 Clarification and Update


Clarification and Update


A question has been raised regarding the following statement in last Saturday's newsletter: "Allowing the state sales tax rate to drop to 7.6% would make the combined Kansas state and average local rate equivalent to the rate in Colorado and Missouri and lower than Oklahoma and Texas."

To clarify, if the state sales tax rate dropped from 6.3% to 5.7%, as currently scheduled for July 1, then the combined state and average local sales tax rate in Kansas would be 7.66%.  Here are the numbers for other states in the region:

Colorado: 7.48%
Missouri: 7.67%
Nebraska: 6.77%
Oklahoma: 8.66%
Texas: 8.14%

Obviously tax rates vary from city to city and county to county, but these figures give a sense of the relative sales tax burden compared to our neighbors.

Since Saturday's newsletter was sent out I have come across an online source for Governor Brownback's tax plan.  I was pleased to learn of the governor's plan to bolster the safety net for low-income Kansans by doubling the standard deduction and investing an additional $60 million in state social services and healthcare programs.  This proposal goes a long way toward answering the concern about eliminating the earned income tax credit.

Here is another valuable resource from Kansas Legislative Research Department:  Kansas Tax Facts

January 14, 2012 Newsletter

Governor's Tax Plan Revealed




With the beginning of the 2012 Kansas legislative session last Monday, Governor Brownback's State of the State address on Wednesday, and release of the Governor's budget recommendation on Thursday, some of the major issues for consideration by the Kansas legislature are now beginning to take shape.

One of the most important and far-reaching issues is tax reform. The Brownback administration plans to make a substantial cut to income tax rates, and then gradually reduce even more in the future as the state can afford to do so. The goal is to completely eliminate income tax, both personal and corporate, at some point in the future.

The initial cut would reduce individual income tax rates and move from three brackets to two – a 3 percent rate for income under $15,000 ($30,000 for married filing jointly); and a 4.9 percent rate for income $15,000 and over ($30,000 for married filing jointly). Current rates are 3.5 percent, 6.25 percent, and 6.45 percent.

This is a very ambitious proposal, and the initial reduction to the tax rates would be quite expensive. To pay for it, Governor Brownback is proposing the following:

  • Keep the state sales tax rate at 6.3% instead of reducing to 5.7% on July 1, 2012 as is currently mandated by statute.

   • Eliminate itemized deductions for things such as mortgage interest and charitable contributions.

   • Eliminate subtraction modifications for 529 education savings programs and long-term care contract premiums.

   • Eliminate these tax credits:
       1. Abandoned well plugging credit
       2. Adoption credit
       3. Agritourism liability insurance credit
       4.  Alternative fuel tax credit
       5.  Angel investor credit
       6.  Assistive technology contribution credit
       7.  Child and dependent care credit
       8. Child day care assistance credit     
       9. Community service contribution credit
       10.  Disabled access credit
       11.  Earned income credit
       12.  Environmental compliance credit
       13.  Historic preservation credit
       14.  Individual development account credit
       15.  Law enforcement training center credit
       16. National Guard employer health insurance credit
       17. Research and development credit
       18. Single City port authority credit
       19. Small employer health benefit plan credit
       20. Swine facility improvement credit
       21. Telecommunications credit
       22. Temporary assistance to families contribution credit
       23. Venture capital and local seed capital credits

   • Eliminate the two-year severance tax exemption on new pool oil and gas wells, with the exception of oil wells that generate fewer than 50 barrels a day

   • Eliminate individual income tax on non-wage business income (as reported by LLCs, S-corporations, and sole proprietorships on lines 12, 17, and 18 of the federal 1040 individual income tax return)

The Pros of the Plan

Kansas income tax rates are higher than our neighbors, and there is no doubt that we can gain a competitive advantage by finding ways to reduce the rates and thereby expand the Kansas economy and grow jobs.  If the proposed cut were to be enacted, the marginal rate for a taxpayer with $50,000 of income would drop from 6.45% to 4.9%.  That rate would put Kansas second in the region, and would compare very favorably with our neighbors. Colorado’s rate is 4.63%; Nebraska’s is 6.84%; Missouri’s is 6.0% and Oklahoma’s is 5.5%.

 It is also good economic theory to level the playing field for everyone by reducing rates rather than clutter up the tax code with numerous credits and deductions that favor particular industries or individuals.  Government cannot accurately pick winners and losers, and excessive credits and deductions can distort market signals and produce an inefficient economy that produces harm to all.



The Cons of the Plan
Practically every Kansan can find something on the list that they will miss if the plan goes into effect, and some will claim they can’t make do without the credits or deductions they are now receiving.  Here are a few examples:

The point has been raised that eliminating credits that help disadvantaged Kansans (child care, earned income credit, temporary assistance to families) increases the potential that these families wind up costing the state even more through other assistance programs such as Medicaid.

The housing industry is weak, both nationwide and in Kansas.  If mortgage interest is no longer deductible, how large is the negative effect on the Kansas housing market and associated construction industry?

The expanded severance tax collections are aimed at the new oil boom in south-central Kansas, but much of Kansas is wildcat country, where hitting a new well is a gamble and production can decline rapidly.  Is it possible that we could actually discourage oil exploration in Kansas by taxing new pool production during the early years?

In preliminary discussions in Topeka, it appears that no one has a good handle on how large the price tag might be on elimination of income tax on non-wage business income from LLCs and S-corps.  I believe the number could be enormous, and regardless of what the exact number is, making this type of income tax-exempt could cause a literal stampede of Kansans moving to reconfigure their businesses into LLCs or S-corps.  Call it the cpa/attorney full employment plan!

I was one of the legislators who took the drastic step of voting for a temporary sales tax increase in 2010 as a necessary measure to shore up declining state revenues during the depths of the recession.  That was not an easy vote, and those of us who made that vote were vilified for it by certain individuals and special interest groups.  Incredibly those same parties are now calling for that sales tax increase to be made permanent!  The tax increase was intended as a temporary measure, and my vote in favor of it was predicated on a July 1, 2012 sunset.  The fact is, Kansas must be competitive with our neighbors in all three of the major tax sources... income, sales, and property.  Allowing the state sales tax rate to drop to 7.6% would make the combined Kansas state and average local rate equivalent to the rate in Colorado and Missouri and lower than Oklahoma and Texas.  Only Nebraska would have a rate lower than Kansas.

In addition, the sales tax is an important tool for local government as they work to improve their own communities.  An excessive rate at the state level makes it tougher for local governments to access this important tool.

All of these moving parts will make it extremely difficult to determine the proper path for tax reform.  This is not a trivial decision and it must be deliberated carefully.  Which brings us to....

2012 Issues Survey Coming Soon
The 2012 session will be a challenging one, and it is important to me that I understand what the residents of the 118th District are thinking on the important issues we will face.  I will soon be sending out my 2012 Issues Survey, and I encourage response from anyone living in the 118th.
To make the survey results truly representative of the thoughts of the residents of the 118th District I need a large response. If you have friends, family, or associates who might be interested in completing the survey and receiving the newsletter I would appreciate you forwarding their contact information to me.

Presidential Preference Caucus
On Saturday, March 10 the Kansas Republican Party will be conducting the Presidential Preference Caucus in about 100 locations throughout the state, including one in each county in the 118th District.  Participation is open to any registered member of the Kansas Republican Party, and I encourage your attendance.

No Republican candidate will have enough votes to lock up the party nomination before the primaries in other states in April, so your participation will be important! Go to the website  of the Kansas GOP for more information and then click on the "Caucus: March 10" drop-down menu to learn more.  Note that this will be a good "test-run" to make sure your credentials are in order for Kansas' new voter ID law before voting in primary and general elections later this year! 


Legislative Pages Wanted
During each legislative session every legislator has the privilege of hosting young people who wish to serve as a legislative page for a day.  This year I will be allowed four pages on Monday, February 6, and four more pages on Monday, March 12.  Please contact me for details if you know of any junior high or high school student who would like to serve.

Subscribe
If you received this newsletter from a friend, sign up  here to receive your own copy of my FREE legislative newsletter.
Words to Live By 
      
   
Cowboy Logic:   Don’t get mad at somebody who knows more ‘n you do.  It ain’t their fault.  

 Quote of the Week:   The only people with whom you should try to get even are those who have helped you. – John E. Southard 

 Sermon in a Sentence:  You cannot be envious and happy at the same time.









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Representative Don Hineman
116 S. Longhorn Rd.
Dighton, Kansas 67839
620-397-2504
dhineman@st-tel.net

Kansas State Capitol, Room 54-S
300 SW 10th Avenue
Topeka, KS 66612
785-296-7636
don.hineman@house.ks.gov

www.HinemanForKansas.org
Paid for by Hineman For Kansas – Derek Martin, Treasurer
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