A push to enact a voter-approved county sales tax moved quickly through the Statehouse, but not quickly enough, officials said this morning.
Lyon County commissioners discussed the latest snag in the sales tax issue during this morning’s study session.
On Aug. 5, voters in Lyon County approved a county-wide 1 percent sales tax, which the county was to begin collecting Oct. 1.
Despite overwhelming voter approval, the sales tax was negated by the state shortly after its passage by voters. The county already had a 1/2 percent sales tax in effect. Lyon County learned from the Department of Revenue that the tax could not be collected because it exceeds the 1 percent sales tax cap for the county.
The county had two options to deal with the sales tax: re-voting the tax to stay within the 1 percent cap or asking for special legislation to gain permission to collect more than the 1 percent cap.
The bill that passed out of both the House and Senate gives Lyon County legislative approval to have a 1.5 percent sales tax.
Lyon County Commission Chairman Scott Briggs said this morning that he talked with Secretary of Revenue Joan Wagnon on the sales tax issue.
“The hang-up is the streamline tax,” Briggs said. “Kansas belongs to a group of states that has this streamline tax. The 60-day rule is you have to give your vendors 60 days prior to the next quarter...”
According to supplemental notes attached to House Bill 2026, the Kansas Department of Revenue testified that the bill would have to clear the full Legislature by Feb. 6 for collection to begin April 1. The bill didn’t even get out of the Senate committee until Feb. 11. It cleared the full Senate on Feb. 12 and headed to the governor’s desk.
“The Department of Revenue has taken the position that they simply don’t have time to make that notice,” said Emporia Sen. Jim Barnett this morning. “If you look at that calandar that was correct.
“It’s something we moved through the Legislature as quickly as we could, but the law still stands.”
But local officials said the problem was politics, plain and simple.
“When it hit Senate there are legislators who have some interest or position that favors the streamline sales tax and they hung it up for their own positions,” Lyon County Counselor Marc Goodman said this morning. “They created enough stink that somebody backed off... When you take into account there are other political issues up there ... we just fall to the bottom.”
Lyon County Commission Vice-Chairman Rollie Martin expressed disappointment that the sales tax issue has hit another snag, especially when the wishes of more than 36,000 Lyon County citizens aren’t being honored.
Goodman said the sales tax issue wasn’t a question of error — it was a question of misinterpretation.
“They did absolutely nothing to work out a resolution to interpret it as an act for the will of the voters of Lyon County,” Goodman said. “They retroed into the way they had always interpreted it. That was a state agency doing that.
“We took every step that we had to take to reach a resolution to it and then we fall victim to whatever political agendas that are in the Senate and in the House and between the governor or whoever and we’re still left right back to where we were.”
“It’s sad that a state agency is so powerful that they can plow right over the top and create their own interpretation and they aren’t held accountable for it,” Goodman added.
In other matters, Emporia City Commissioner Julie Johnson and Marshall Miller, co-chairs of the Law Enforcement Consolidation Task Force delivered their formal recommendation following almost a two-year study on consolidating the Emporia Police Department and the Lyon County Sheriff’s Office. The group formed in March 2007 and consisted of members from both entities and governing bodies. Springstead Consultants was hired to perform a comprehensive study on consolidation. The task force also asked Springstead to study a partnership model.
“It had the most savings in it,” said Miller, a former Lyon County commissioner.
The partnership model placed the patrol and investigative services under the police department. The jail operations would stay with the sheriff’s department. Miller said the partnership model would warrant further study in the future.
The total consolidation model also was studied based on Riley County’s model. Riley County has consolidated law enforcement. Miller said it would about break even in Lyon County. If additional staff is needed, however, it would be costlier.
Furthermore, a new building would be needed so the new consolidated agency could work under one roof. This would not be economically feasible at this time, Miller said.
The group’s official recommendation, which was originally released at the end of January, was that it is not economically feasible to consolidate the two entities. The group did recommend the police department and sheriff’s office look at a consolidated dispatch center, which would be a cost savings.
In other business:
F County commissioners discussed with Russell Torrens of the Noxious Weed Department sending two people to the 2009 Annual Works Conference on March 24 to 26 for $149 per attendee for registration and related travel expenses and sending one person to the 2009 Annual County Weed Directors Association of Kansas Conference on March 2 through 5 for $195 for registration and related travel expenses. Both items were placed on Thursday’s consent agenda.
F Chip Woods discussed several items with commissioners including: the purchase of 180 gallons of Pathway from AgChoice at $34.35 a gallon for a total amount of $5,823 (item placed on consent); the proposal of Central Kansas Engineering Consultants for the 2009 bridge inspection for an estimated total of $14,238 (item placed on other business); sending out a request for proposals for complete signs and sign faces, complete steel sign posts and intersection sign materials (all placed on consent).
F Mark McKenna and Chris Wilkinson of Lyon County Facilities Management, spoke to commissioners about the third payment for the ADA remodel for the health department and road and bridge (item placed on other business); the engineer quote for 430 Commercial St. (on other business) and building control software update.
F Commissioners discussed Vicki Reynolds and Tammy Vopat attending a public-information officer training in Topeka next week. There are no registration fees. The county will pay travel expenses. It was placed on the consent agenda.
JustWondering (anonymous) says...
I have a question. Who is at fault on the sales tax issue?
1. The Kansas Dept. of Revenue for enforcing the law.
2. The legislature for not assigning the bill top priority above the state budget and all other pending legislation.
3. The Lyon County Counselor for failing to check the existing laws and sales taxes that were in effect, and failing to advise the county commission that this action would exceed the sales tax limit BEFORE the question went to a vote.
You decide.
February 18, 2009 at 4:44 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
Right on JustWondering...
How hard is it to read the law. Is that way they are called lawyers? Pile on the botched murder case that was dumped because of the way it was investigated and prosecuted...you have a poor excuse of a county attorney
February 18, 2009 at 4:54 p.m. ( permalink | suggest removal )
allen (anonymous) says...
Doesn't Lyon county have the highest tax rate of the state?
February 19, 2009 at 10:10 a.m. ( permalink | suggest removal )
methusla (anonymous) says...
allen- Lyon county has one of the highest tax rates in the state based on population, but does not have the highest rate so to speak. However if the 1.5% tax rate increase proposed by county commissioners and voted on and approved by the voters may indeed make Lyon County the highest taxed County in Kansas.
My question is, who will or can afford higher taxes in these particularly bad economic and trying times.
The truth is " GREED " has and did bring this country to its knees.
February 19, 2009 at 2:01 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
Anybody know how we rank overall in the percentage. How about property taxes? Gwen????
February 19, 2009 at 11:40 p.m. ( permalink | suggest removal )
netloafer (anonymous) says...
I'm not sure where Emporia and Lyon County stand on sales tax, but overall, this is a highly taxed community.
In terms of income taxes, Kansas is among the most taxed states in the country (somewhere around 13th). In terms of property taxes it's extremely high. My brother lives in Massachusetts. The median home value in his town/county is about $420,000. The property tax on the median home there is about $3200 per year. If the levies we pay for city, county, and school district were applied to the median home value in Massachusetts the property tax bills would almost double. That's bad enough, but what makes things even worse is that for their tax bill in Massachusetts the people get a far wider range of services for their money. They actually plow the snow, repair the roads, etc.
Simply put, we're not getting a good deal here at all. I know that city/county leadership spins things as if they were really good here, but the rhetoric doesn't pass the fact tests.
February 20, 2009 at 5:21 a.m. ( permalink | suggest removal )
create (anonymous) says...
Good example, netloafer. I visited a cousin in Massachussetts last year, and their city actually plows all the neighborhood streets when it snows. When I told them how it's done here, they were incredulous. Their city also sent big vacuum trucks to the ends of neighborhood blocks during the fall so people could dump their leaves.
February 20, 2009 at 7:38 a.m. ( permalink | suggest removal )
Weltha (anonymous) says...
Compared to Mass. how much snow do we actually get? How many days does it stick around compared to there?
February 20, 2009 at 9:13 a.m. ( permalink | suggest removal )
methusla (anonymous) says...
Are you ready for this ! This has nothing to do with sales taxes, etc., but I just read this a few minutes ago.
updated 2 hours, 47 minutes ago
WASHINGTON - Transportation Secretary Ray LaHood says he wants to consider taxing motorists based on how many miles they drive rather than how much gasoline they burn — an idea that has angered drivers in some states where it has been proposed.
February 20, 2009 at 9:44 a.m. ( permalink | suggest removal )
methusla (anonymous) says...
It would appear that the " Bail Out " frenzy is or may lead to TAXES, TAXES and more TAXES.
February 20, 2009 at 9:50 a.m. ( permalink | suggest removal )
netloafer (anonymous) says...
Weltha
My point wasn't about the amount of snow. My point was that the people in Massachusetts pay a lot less in the way of real estate taxes and state income taxes on a pro-rated basis than we do here. Furthermore, they get services for the dollars rendered. There is also more bang for the tax dollar there than here.
One of the things that mystifies me is that there are a lot of people here in Emporia who think that the situation with taxes is just fine and that our financial situation here is just rosey. I'd like to believe that, but it's simply not true.
February 20, 2009 at 3:43 p.m. ( permalink | suggest removal )