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THE PHILLIPS FILES:Veto Session

FINALLY I can safely say that the 2015 record-setting (in many ways) session is over.

I know there is a great deal of annoyance across Kansas about the legislature working for 113 days (23 days past our normal deadline), and you should know it is my policy not to accept pay after the statutory 90-day limit. The greatest frustration is to conclude our legislative business by passing a tax plan relying on consumption taxes without bringing LLC and Subchapter S businesses back onto the tax rolls of the state.  I intend to continue to work for a fair and balanced tax policy for Kansas. We must focus on the future of Kansas and I know our leaders can do better for all of our citizens. 

In the wee hours of Thursday night/Friday morning, the House received some of the details on the Senate-passed bill at 1 am and the voting began about 2 am. We were on a 2-hour Call of the House when the doors were locked and Representatives held to be persuaded to change their initial no vote to a yes vote. After significant arm-twisting and more than a few tears, the bills (HB 2109 and it’s “fix” SB 270) finally achieved the necessary 63 votes and the vote was closed. 

I did not support these bills, and when you read the details, you will understand why I opposed the largest tax increase in Kansas history. Not only that, but it’s completely shouldered by folks buying everyday staples and goods to support their families and businesses. The two tax bills had similar provisions and others crossed each other out, so I’ll tell you what the passage of the two mean for you:

Tax Package

As of July 1, state sales tax increases from 6.1% to 6.55%

  • This makes Kansas the 5th highest state sales tax in the U.S., and the highest average state and local sales tax rate (Source: Tax Foundation, 2014)

Cigarette taxes increase by $0.50 per pack

  • If you’re like me and need to find a silver lining, from a public health perspective this is the package’s one redeeming value.

Usurps the authority of local governments to serve taxpayers by:

  • Capping all public entity (cities, counties, community colleges, etc.) budget growth to 3%,
  • The more a community succeeds and home values rise, the more it is restricted from responding to increasing capital project costs, or pursuing citizen-demanded new projects to renovate or enhance quality of life amenities, and
  • Forcing all tax increases to a public vote, rather than holding local elected officials accountable to voters.

CONTACT TOM

In Topeka:
785-296-6014
State Capitol, Room 512-A
tom.phillips@house.ks.gov

At home in Manhattan:
785-537-2194
tphillips3@cox.net

Tom Phillips serves the 67th District, which includes Manhattan and part of Riley County. He has lived in the district for more than 20 years.

Map of the 67th District
City of Manhattan
Riley County
Kansas State University
Manhattan Area Technical College
Kansas Legislature
Kansas Secretary of State

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Paid for by Tom Phillips for State Representative, Richard Hayter, Treasurer

Previous versions of the bill repealed the food sales tax rebate but also reduced the sales tax on food. THIS bill not only increases the sales tax on food, but also eliminates the food sales tax rebate.

Expands last year’s school voucher program to low-income students attending non-Title I schools and allows funds to be spent at unaccredited and homeschools.

When all was said and done, I missed the final vote. My absence from that vote is explained by my commitment to be a NO vote against a terrible tax bill and the pressures of knowing the Governor was threating to cut the budget to KSU. I felt so poorly by late Thursday afternoon I checked into a hotel room to lay down. While I regret missing a critical vote, I was a solid NO and I was not going to be blackmailed into making a bad vote. 

Ultimately, the Senate passed the tax package Friday afternoon and we all went home. The mental and physical exhaustion I’m feeling pales in comparison to the pain I feel for our state – and the pain I know is coming over the next year as families and our economy adjust to these unwise changes.

Even with all of that, this tax package still doesn’t balance the budget. It is still $50 million short of being solvent, relying on Governor Brownback to make cuts as he sees fit, and higher education is the area he specifically mentioned. I have grave concerns about what this could mean for K-State.

My Republican colleagues and I were working hard to find a reasonable tax package to restore the business income taxes, so that over 330,000 businesses would once again pay taxes to the state. About 14 hours before the final house vote, we were told once again the Governor’s office was not at all interested, and further the Senate leadership could not secure the necessary 21 votes to pass any business-related tax. By 2:00 pm Thursday it was clear the push was on to get the ultra-conservatives onboard to pass this bill.  This is why the final tax plan, in my opinion, includes bad local government and bad education policy, as a way to get people to vote for tax increases.

The final tactic was to have the Governor speak to a joint meeting of the Senate and House Republicans and indicate the state would face dire financial consequences (including the potential shutting down of summer schools for our universities) if his tax plan were not approved. 

To read more about the bill and reaction from across the state, here are a few resources:

Articles

KC Star: Tax plan passes Kansas House and Senate, Brownback set to sign

Topeka Capital-Journal: House breaks gridlock, narrowly approves tax increases in early Friday morning vote

Lawrence Journal-World: Kansas legislators approve ‘Band-Aid’ budget with largest tax increase in state history

Hutchinson News: Kansas lawmakers approve historic tax increase, ending record session

Editorials

KC Star Editorial: Kansans will bear the brunt of tax increases backed by Gov. Sam Brownback and GOP legislators

Topeka Capital-Journal Editorial: Gov. Sam Brownback, Legislature, need to show leadership

Lawrence Journal-World Editorial: Bad to worse

Hutch News Editorials: State of Dysfunction, Train Wreck

Moving Forward

The legislature adjourns Sine Die (Latin for “without day” – the official end of the session) on June 26, until the second Monday in January. There is still a serious budget shortfall, if we continue to miss monthly revenue targets, and the Adequacy portion of the Gannon lawsuit has yet to be decided. In other words, this isn’t the last you’ll hear from me this year and I will keep you informed of how legislative actions will impact your family and job. 

Please do not hesitate to reply with questions or comments. It is an honor to serve you in Topeka. 

Sincerely,

Tom Phillips
State Representative, District 67
Kansas House of Representatives
Capitol Office | Room: 512-A, Seat: 103 | Topeka, KS 66612 | 785-296-6014
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