DRAFT
2003 Legislative Policy Statement
Kansas Association of Counties
Federal Legislative Priority:
The Kansas Association of Counties supports federal legislation authorizing states to participate in an interstate sales tax compact and requiring remote sellers to collect existing state and local sales and use taxes.
The Kansas Association of Counties believes that the taxation of sales should be equal whether a sale takes place over the counter, by telephone, mail order, or by the internet. States, counties and cities across America are losing $13 billion this year in annual sales tax revenues because remote sellers are not collecting sales and use taxes on internet and mail order sales. It is estimated that the amount of lost revenues will increase to $45 billion by 2005. The United States Supreme Court has ruled that congressional authorization is required before states can require remote sellers to collect sales and use taxes. The Internet Tax Freedom Act, passed by Congress in 1998, imposed a three-year moratorium on new internet access taxes. In 2001, Congress extended the moratorium for two more years (through December, 2003). The moratorium affects internet access taxes and any other taxes that discriminate against internet services, and therefore has no effect on the State of Kansas and its counties and cities. The moratorium does not affect remote sales conducted over the internet.
Legislation was introduced in the House and Senate of the 107th Congress authorizing an interstate compact on sales and use taxes. If twenty or more states jointly simplify definitions and administration of their sales and use taxes,
these states could join the interstate compact and require remote sellers to collect sales and use taxes. States should not be required to have a single state-wide sales/use tax rate.
Federal Legislative Policy Statements:
Fair Labor Standards Act (FLSA) Exemption for Public Emergency Medical Service Personnel
In 1985, the U.S. Supreme Court ruled in the Garcia case that state and local governments are subject to the FLSA. Public sector employers were allowed to establish a 28-day work period for police officers and firefighters and
provide overtime compensation when the number of hours worked during a 28-day work period exceeds 171 hours for police and 212 hours for firefighters. Emergency Medical Service (EMS) personnel not working for fire departments are not adequately addressed in current law. As numerous EMS personnel do not work for a fire department and instead work for a separate EMS agency, the partial exemption should be expanded to include EMS personnel. The Kansas Association of Counties supports legislation to extend the partial exemption from FLSA overtime requirements to EMS agencies.Partnership Between the National Weather Service and Local Public Safety Agencies
The Kansas Association of Counties urges the Congress to protect the existing, critical relationships between local public safety agencies and the National Weather Service (NWS) by resisting any attempts to limit the free flow of NWS products and services to local government which are necessary to protect life and property.
Standardized Outcomes Assessment Information Set (OASIS)
The Kansas Association of Counties has long been on record as opposing unfunded mandates, both at the federal and state level. The federal Health Care Financing Administration (HCFA) requirement for an Outcomes-based Assessment Information Set (OASIS) for all patients in Medicare-certified home health agencies and health departments (whether or not care is paid for by Medicare) is an unfunded mandate which causes unnecessary expense and undue hardship on local health departments and, ultimately, many older Kansans. The end result of this mandate may be the cessation of services to older Kansans by local health departments. The Kansas Association of Counties supports repeal of this mandate, or additional federal funding to pay for the additional, mandated cost.
Changes in Medicare for Ambulance Service Payments
The federal government has paid for medically necessary ambulance services for Medicare patients based on costs as identified in various regions of the country and which evolved over time as increases were demonstrated to be warranted. The Balanced Budget Act of 1997 required that ambulance services be placed on a national fee schedule in order to hold down the cost for Medicare payments. The Kansas Association of Counties supports a general increase in Medicare funding in order to support the actual costs of ambulance service rather than shifting the costs for this vital health service to the local level.
Juvenile Accountability Incentive Block Grant and Title II Funding
The Kansas Association of Counties strongly opposes the President’s recommendation to decrease federal funding for the Juvenile Accountability Incentive Block Grant and Title II by $239.5 million. These funds totaled over
$3.5 million for Kansas in FY 2002. The loss of this funding source means the elimination of numerous community programs and services for Kansas juveniles.
State Legislative Priorities:
Increased State Participation in Local/State Partnership for Safe and Healthy Communities
Healthy and safe communities are a priority of the Kansas Association of Counties and its 105 member counties. Increasingly, counties are asked by the state to assume responsibility for providing basic services necessary to ensuring the well being of citizens with lessened commitment by the state. There are several areas of particular concern to the KAC and counties.
First, there is a lack of state funding for incarcerated juveniles who are in state custody. The reimbursement rate paid by the state is less than the actual expenses incurred by the detention center. The Juvenile Detention Facility Fund (JDFF) established in part to provide grant funds to help juvenile detention centers with remodeling, construction and operating costs has instead been used by the state to pay for the per diem rate and to make bond payments for the construction of regional juvenile detention centers. Second, there is a lack of inflationary increases in state aid to community mental health centers, local health departments and developmental disability service providers. As the state has shifted responsibility and funding for mental health and public health to counties, inflationary costs of providing services to the most vulnerable populations have not been addressed by the Legislature. Third, additional sources of state financial support to counties are needed for the support of broader environmental health objectives focusing on reducing morbidity and mortality due to injuries and environmentally related diseases. Fourth, the Kansas Association of Counties supports continued funding of the Children’s Initiatives Fund for the promotion of child development and prevention efforts. Fifth, the housing of state prisoners in county jails continues to escalate while not being matched by the reimbursement rate provided by the state. In addition, the reimbursement is often not made in a timely manner. This is another area of concern in which the legislature continues to shift the costs of housing state prisoners to the county. Sixth, state aid for basic community-based supervision and programs has deteriorated over several years. As alternatives to more costly institutions, these programs are necessary to promote public safety and hold adult and juvenile offenders living in the community accountable for their crimes. State funding needs to be restored with annual inflationary increase for community corrections and juvenile justice graduated sanction programs.
The State of Kansas, as a partner with counties in creating and ensuring healthy and safe communities, should assume its share of the financial responsibility for our shared goal. With increased responsibility, counties should enjoy increased financial participation from the State.
Streamlined Sales Tax and Enactment of Local Use Tax.
The Kansas Association of Counties supports legislative efforts to modernize and streamline the sales tax system, in order that the State of Kansas can eventually qualify to join an interstate sales tax compact which would compel remote sellers to collect the State of Kansas' sales and use taxes. However, to protect the viability of countywide sales taxes from continued erosion and to ensure greater tax equity for Main Street merchants, the Kansas Association of Counties urges the Kansas Legislature to enact a local use tax, so that locally-enacted sales taxes (county and city sales taxes) do not continue to erode as internet and mail order commerce flourishes.
Kansas Open Records Act
The Kansas Open Records Act was modified by the 2000 Kansas Legislature to require appointment of a Freedom of Information Officer in each public agency. In addition, language was added that sunsets all exemptions to the Kansas Open Records Act in 2005.
All 105 counties have designated Freedom of Information Officers. The KAC continues to educate county officials on issues surrounding effective compliance with both the letter and spirit of the Kansas Open Records Act. The Kansas Association of Counties believes that openness in county government is essential to building public confidence. However, the public interest is sometimes served by withholding information from public disclosure. As such, the Kansas Association of Counties supports the retention of the exemptions to the Kansas Open Records Act currently found in the law.
State Legislative Policy Statements:
Governmental Organization
Home Rule. The Kansas Association of Counties supports constitutional home rule for counties. Currently, counties are afforded home rule authority by statute. The KAC supports counties using their current home rule powers when applicable rather than seeking specific legislative remedies. The Kansas Association of Counties will seek introduction of legislation granting constitutional home rule when appropriate. The Kansas Association of Counties supports constitutional home rule for counties and opposes any erosion of existing home rule authority.
Electronic Governance and Service Delivery. The Kansas Association of Counties recognizes that sweeping technological changes in society afford counties both new opportunities and challenges for governance and service delivery. The KAC supports a balanced perspective on the issues of privacy, cost recovery, as well as access to and release of electronic data compiled by counties given our concern that programs will be used by for-profit ventures
without proper remuneration to counties.County Surveyors. The Kansas Association of Counties supports the repeal of language in K.S.A. 58-2005 requiring additional certification by a county surveyor of a plat of subdivision or survey before recording in the Register of Deeds Office. If the statute is repealed, counties desiring to continue this service can do so by home rule.
Home Rule Regulation of the Liquor Industry. Currently, regulation and enforcement of the liquor industry is afforded to local government. While the Kansas Association of Counties supports recodification of the liquor statutes. The KAC would oppose any attempt to erode the existing home rule authority of local government in this area.
Consolidation. The Kansas Association of Counties opposes mandatory consolidation of local government units and/or services. Counties presently share provision of numerous services with cities and other counties, but they
should not be forced to do so. The KAC supports legislative changes that remove statutory limitations to consolidation of functions or services.Commissioner Districts. The Kansas Association of Counties supports legislation that would provide that, following establishment of county commission districts by the Board of County Commissioners, no county election officer may alter precinct boundaries that would change commission districts unless there is unanimous approval of the Board of County Commissioners.
Disposal of County Property. The Kansas Association of Counties supports legislation which allows more flexibility in the disposal of county property.
Fence Viewing Statutes. The Kansas Association of Counties supports legislation providing counties the option of appointing other county officials(s) as fence viewers in lieu of the board of county commissioners.
One Judge/One County. The Kansas Association of Counties continues to support one judge per county.
Open Meetings. The Kansas Association of Counties believes that openness in
county government is essential to building public confidence. Nevertheless, the KAC believes that there are times when privacy or other legitimate reasons require executive sessions. The KAC opposes legislation requiring executive sessions to be tape recorded because it would impose unreasonable demands on elected and appointed officials and raise questions as to the custody of tapes and their use in courts of law. The KAC supports broadening the Kansas Open Meetings Act to authorize executive sessions for governing bodies to discuss public safety issues after a state of local emergency has been declared.Records Storage. The Kansas Association of Counties supports legislation to allow local governments the authority to determine the best method of record storage.
Public Health and Safety
Restoring Juvenile Local Purchase of Service Funds. The Kansas Association of Counties supports restoring the funding to local communities for local purchase of service dollars that provide transportation and day reporting for youth in state custody and restoring funding of graduated sanction programs and services to appropriately assess, supervise and rehabilitate juvenile offenders.
To address this need, we recommend restoring $1million in aid to local communities for Juvenile Intake and Assessment intervention funds that were cut in SFY 2002 and restoring the $1.9 million local purchase of services funds reduced in SFY 2003.
Community Corrections. The Kansas Association of Counties urges full state funding to local communities for mandated Community Corrections Act programs. For state aid to be adequate and consistent to cover the actual costs for services, a formula is recommended which would multiply the projected average daily population by a unit cost that is adjusted annually for inflation. The amount needed to provide adequate supervision of offenders in the Intensive Supervision program in SFY 2004 is $13,293,840 (4200 x $3088= $12, 969,600 + 2.5% adjustment for inflation $324,240 = $13,293, 840.) The SFY 2003 allocation is $11,741,200. Local communities are threatened when offenders living in our communities cannot receive minimal services and supervision is
inadequate to satisfy the public safety issues.Condition Violator Grant: The Kansas Association of Counties recommends restoring the funding of the condition violator grant to local community corrections for condition violator programs. The condition violator grant was reduced from $750,000 in SFY 02 to $375,000 in SFY 03. These funds must be used to keep offenders from returning to prison, a much more costly option to the state.
Residential Centers. The Kansas Association of Counties urges the State of Kansas provide an annual cost of living adjustment to residential funding to keep pace with inflation, growth in salaries and the cost of doing business. Residential programs have provided cost-effective community punishments for increasing number of offenders with no funding increases for the last nine years.
Consolidation of Field Services. Consolidation activity involving court service officers and community corrections has been discussed for over a decade. In some instances, this consolidation has happened at the local level with no statewide mandate. The KAC supports allowing this decision to be made locally.
Collection of Fees and Expenses by Garnishment. Currently, state law allows
the award of fees and expenses in child-in-need of care matters. However, the law does not allow the garnishment of wages and attachment, if necessary, to collect the fees and expenses. The Kansas Association of Counties supports legislation which would allow garnishment of wages and attachment in these instances.Medicaid Reimbursement for Ambulance Services, Senior Care Facilities and other Services. The Kansas Association of Counties encourages the state legislature to properly evaluate the costs associated with the provision of Medicaid reimbursible services in Kansas in order to assure that the state Medicaid program makes payments for these services that are more reflective of actual costs and that increases in the Medicaid rates occur on a regular basis to reflect the impact of inflation.
State Government’s Support of a National Homeland Security Program. As the 105 Kansas counties have the responsibility for local emergency management and the charge of coordinating all local initiatives under a single homeland security/emergency management program, it is imperative to counties that the management of Homeland Security, anti-terrorism and emergency management at the state level be coordinated and adequately supported by the administration and the legislature.
The KAC urges the Governor and the Legislature to appropriate sufficient funds to implement the authorities/responsibilities granted to the Kansas Division of Emergency Management during the 2003 Legislature.
The KAC also urges all elements of state government to support efforts to complete a national emergency management assessment program and the strengthening of coordination of the Terrorism Working Group in order to better manage requirements placed upon local entities by state entities.
Environment and Land Use
Clean Water Standards. The KAC supports reasonable regulations that are scientifically based to protect the quality and quantity of water. Such regulations should take into account cost-benefit analyses and should not be unduly restrictive. In addition, the Kansas Association of Counties supports legislation and regulations to protect sensitive or important groundwater areas from possible contamination by human, animal or other sources. Further, the KAC supports further study by Kansas State University to examine the possible reduction of odor from confined animal production units.
Local Environmental Protection Program (LEPP). The KAC supports continued funding of the Local Environmental Protection Program from the Kansas Water Office in order to continue support established for public health and county water quality programs.
County Code Court. Currently, only counties with populations of 150,000 or more are authorized to establish county code enforcement courts to enforce zoning and nuisance regulations, building and sanitation codes, as well as other regulations and county resolutions. The Kansas Association of Counties supports the legislation giving flexibility to all counties to enforce county codes, regula-
tions and resolutions through county code courts.Noxious Weed Law. The Kansas Association of Counties believes that the eradication of noxious weeds is important to maintain the viability of Kansas’ agricultural economy, protect property values, preserve our natural resources and protect the public health and safety. The Kansas Association of Counties supports locally-determined cost-share incentives and control practices (chemical, cultural and/or biological) and a state noxious weed list determined by legislative enactment. The KAC supports strengthened enforcement strategies and greater collaborative efforts involving counties, the State Department of Agriculture, KSU Research and Extension and others to find better control methods for the control with the purpose of eradication of noxious weeds. In addition, the KAC requests that the State of Kansas adhere to the state noxious weed law and adequately fund the control and eradication of noxious weeds on state properties controlled or leased by agencies of the state.
Rails to Trails. The Kansas Association of Counties supports legislation that gives specific remedies to counties if Rails to Trails groups fail to comply with the law. This legislation would include statutory language that specifically makes Rails to Trails land taxable; broadens the ability of the Attorney General to seek compliance on behalf of counties; and gives specific procedures for tax foreclosure upon failure to pay taxes.
Burning of Clean Wood. The Kansas Association of Counties supports changes in legislation or KDHE regulations that would allow counties to burn clean wood in city or county burn piles where trees, stumps and brush are burned.
Waste Tire Program: The Kansas Association of Counties supports the extension of the Waste Tire Fund and retaining responsibility for that program at the state level.
Taxation, Finance and Infrastructure
Funding State Mandates. The Kansas Association of Counties opposes any new unfunded mandates by the state. In addition, unfunded mandates now in existence, should be funded by the state in recognition of the state/local partnership.
Full Funding of State Revenue Sharing (Demand Transfer Programs).
The sharing of state sales and compensating use tax revenues through the Local Ad Valorem Tax Reduction Fund (LAVTRF) and City and County Revenue Sharing Fund (CCRS) and the full allocation of motor carrier property taxes to the Special City and County Highway Fund (SCCHF) all recognize an historic partnership in service provision between the State and counties. In the past several years, the State has either capped or actually reduced the amount of these demand transfers so that counties and other units of local government have not realized their proportionate share of revenues. The artificial “capping” and actual reductions in demand transfers have shifted a burden of financing county services to other sources, including local property taxes. The KAC strongly urges full statutory funding of all three demand transfer programs at the earliest possible time.Ad Valorem Property Tax. The property tax is the single largest source of revenue financing county government services in Kansas. Although it is not
the most popular tax, significant strides have been achieved to improve admini-
stration of the property tax in recent years. Counties pledge our commitment to
continue improvement of the property tax system. The KAC is adamantly opposed to any additional statewide property tax levies. The State should not be
competing with local governments for property tax revenues, nor should the state
dictate local priorities by doing so.Assessed Valuation Limitation. The Kansas Association of Counties opposes any legislative proposal calling for a constitutional amendment or statutory change to limit the change in assessed valuation for a parcel from one appraisal year to the next. Such proposal would create unnecessary inequities among parcels and would unnecessarily shift the property tax burden to older, mature properties. In the past decade, the state and counties have expended a tremendous amount of political and fiscal capital to make the property tax system more modern and reflective of economic realities. To impose an artificial cap on the valuation of any parcel would negate much of this progress.
Publication of Delinquent Taxes. The Kansas Association of Counties urges the Legislature to amend K.S.A. 79-2001 and 79-2303 to require publication of delinquent property taxes one time, rather than three times as currently required.
Streamlining of Statutes Relating to Property Valuation and Budget Process. The Kansas Association of Counties supports the repeal of archaic and obsolete statutes related to certain cyclical financial activities of counties, including the transmittal of valuation information and revenue estimates.
Tax Base Exemptions. The Kansas Association of Counties opposes any exemptions to the ad valorem property tax base or the state/local sales tax base. New exemptions would only shift the burden of financing vital services to an increasingly narrow tax base.
Tax Equity for Independent Elderly Housing. The Kansas Association of Counties opposes the current statutory exemption from property taxation of independent, elderly housing units owned by non-profit retirement communities.
Depository and Investment of Public Funds. The Kansas Association of Counties supports legislation allowing counties to designate any federal or state chartered financial institution to be used as a depository for county funds.
Mortgage Registration Tax. The mortgage registration tax is a valuable and fair intangible tax and an important source of revenue to counties’ general funds. The Kansas Association of Counties supports the continuation of this tax. Additionally, the KAC supports a statutory change requiring that fees be paid at the time all documents, including federal tax liens or releases, are presented for recording.
Intangibles Tax. The Kansas Association of Counties supports legislation providing for the electronic filing of intangibles tax forms with other income tax forms.
Tax Equity for Financing of 9-1-1 Services. As a matter of basic tax equity, the Kansas Association of Counties continues to strongly support as a priority the extension of taxes funding 9-1-1 emergency services to include mobile, cellular and wireless phone users. The KAC also supports local administration of 9-1-1 services, including the continued ability for local governments to make funding decisions for 9-1-1 services. The KAC adamantly opposes a centralized statewide 9-1-1 system including centralized administration. Public funds should not be used to subsidize private enterprise or investments, the costs of which can be directly recovered from customers. The Kansas Association of Counties also supports the establishment of a statewide Public Safety Revolving Loan Fund to be used by local Public Safety Answering Points (PSAPs), based upon need, for building the infrastructure required to respond to the wireless E 9-1-1 system. This would be funded by a 25 cent surcharge placed on wireless phones. The fund would be administered by the KCC with the assistance of an appointed advisory board.
Spending Lid. Budget and spending decisions of county governments should be made by the elected board of county commissioners, which is directly accountable and accessible to constituents. Accordingly, the Kansas Association of Counties strenuously opposes any constitutional amendment or statutory change to impose spending limitations on county governments. Such limitations could directly conflict with counties’ home rule powers and the rights of locally elected officials to determine their own destiny and would constitute an unnecessary infringement on local control.
Local Government Outdoor Recreation Grant Program. The Kansas Associa-
tion of Counties supports the current outdoor recreation grant program and urges the Legislature to appropriate additional state funds for land acquisition and/or facility development.Continued Funding for the State 1999 Comprehensive Transportation Program (CTP). The 1999 CTP was established on the basis of significant support from local governments across Kansas. The Kansas Association of Counties supports continued funding for the 1999 program. However, this support is conditional upon the additional transportation funding not coming at the expense of reductions or capping in state revenue sharing programs for governments.
Right of Way Management. The management of public right of way is a fiduciary responsibility of county government. The Kansas Association of Counties vigorously opposes restrictions to the ability of counties to manage their rights of way or to recover public costs incurred when such property is necessarily used by regulated and non-regulated utilities or service providers.
Contract for Road & Bridge Work. The Kansas Association of Counties supports the existing statutes (K.S.A. 68-520, 68-1104, and 68-1116) as they apply to the board of county commissioners’ authority in constructing, servicing, repairing or maintaining county roads.
Threshold for Surety Bond Posting on County Construction Projects. Current state law provides that counties awarding contracts in excess of $10,000 for the construction of county facilities must require the person or firm to whom the award is made to provide a surety bond in the amount of the contract. The surety bond requirement of the current law discourages small contractors from bidding on relatively small construction jobs of counties. The Kansas Association of Counties supports increasing the minimum threshold for the posting of a surety bond for such projects from $10,000 to $40,000. Raising the threshold for the posting of a surety bond would stimulate greater competition among contractors and thereby save counties money.
Threshold for Public Bidding of County Construction Projects. Current state law requires counties to publicly bid projects in excess of $10,000 involving construction of any courthouse, jail or other county buildings. The Association supports an increase in the bidding threshold from $10,000 to $40,000.
Contractor Retainage on County Road Projects. The Kansas Association of Counties supports a statutory change which would repeal the fixed 10% retainage on county road projects in K.S.A. 68-521 and allow counties to determine the appropriate level of retainage.
Township Road Traffic Control Signs. The Kansas Association of Counties supports a change to K.S.A. 68-526 to authorize townships to install and maintain traffic control signs on township roads.
Haul Roads. The Kansas Association of Counties urges the Kansas Department of Transportation (KDOT) to expand agreements to include compensation to any county that sustains any road damage due to the operations of a road construction contractor under contract with KDOT.
Recodification of Chapter 68 of Kansas Statute Annotated. The Kansas Association of Counties supports the recodification of the road statutes in Chapter 68 of the Kansas statutes in order to remove archaic language and to streamline the statutes for modern usage.
Moratorium on Rural Rail Abandonment. Rural Kansas counties are adversely impacted when rail lines are abandoned, thereby forcing commodities and freight to be shipped by truck over county roads and bridges under-built for such heavy loads. For Kansas agriculture to remain competitive in the global marketplace, transportation of agricultural products from farm to market must be accomplished as efficiently as possible. The Kansas Association of Counties urges the federal Surface Transportation Board to declare a moratorium on all rural rail abandonment in Kansas until the State of Kansas and local communities have an opportunity to develop a rural transportation policy and determine the feasibility of finding a responsible party to purchase abandoned and existing rail operations.
Repeal of KDOT Mandate Requiring Metric Units. The KAC supports repeal of the KDOT policy requiring federal-aid road and bridge projects be surveyed, designed and constructed in metric units.
Titling of Motorized Watercraft. The KAC supports legislation that would require all motorized watercraft be titled.
Special Interest License Tags. The KAC supports legislation that would give a one year “grace period” to special interest tags that have not reached the 500 tags sold requirement set by statute. If that amount is not reached during the grace period, the tag would no longer be available.
Manufactured Housing: The Kansas Association of Counties supports legislation that requires proof that property tax has been paid on a mobile home before it is moved.
Revised Draft: 10/10/2002
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