OPINION

Kansas governor’s tax proposal throws a bipartisan wrench into GOP leaders’ ambitions

January 10, 2024 3:33 am
Gov. Laura Kelly and bipartisan group of legislators propose a property, sales and income tax reduction bill on the first day of the 2024 session. (Rachel Mipro/Kansas Reflector)

Gov. Laura Kelly and bipartisan group of legislators propose a property, sales and income tax reduction bill on the first day of the 2024 session. (Rachel Mipro/Kansas Reflector)

Gov. Laura Kelly executed an airborne pirouette above the heads of her political opponents Monday, unveiling a bipartisan tax plan and throwing down a challenge to GOP leaders who want nothing more than to pad the wallets of Kansas’ wealthiest through a flat tax.

What the governor said might have mattered less than who was standing in the room with her.

Republican state Sens. John Doll and Rob Olson lent their imprimatur to the effort, along with independent Sen. Dennis Pyle. All three have tangled with GOP leadership at one point or another, and Kelly was more than happy to welcome them into her camp. Senate President Ty Masterson and House Speaker Dan Hawkins, take note: When you antagonize folks from your party, they might find friends on the other side of the aisle.

If those three join Senate Democrats in opposing a flat tax, it can’t pass. Republican leaders won’t be able to override Kelly’s veto.

“Let me be clear, the flat tax is a nonstarter,” the governor told the assembled reporters. “The people who would benefit the most from a flat tax by far are those making $250,000 per year or more. There is no evidence to suggest a flat tax does anything to drive growth.”

A tax bill could emerge from the Statehouse this session. But the press conference makes clear that Republicans will have to bargain with Kelly and her three senator friends. As if to underscore the point, all four contributed a joint op-ed to the Kansas City Star under the headline: “‘Flat tax’ leaves out regular Kansans. Our bipartisan plan gives real tax relief.”

The grinding noises you hear right now are Masterson’s and Hawkins’ teeth.

 

Olathe Republican Sen. Rob Olson said he supported Gov. Laura Kelly’s tax reduction proposal because it spread sales, income and property tax reduction benefits to the middle class.
Olathe Republican Sen. Rob Olson said he supported Gov. Laura Kelly’s tax reduction proposal because it spread sales, income and property tax reduction benefits to the middle class. (Rachel Mipro/Kansas Reflector)

What’s fair and for who

Kansas Reflector reporter Rachel Mipro caught up with Olson on Monday, as senators and representatives gathered to begin the session and a snowstorm bore down on Northeastern Kansas.

You might recall that Olson faced consequences last session after opposing a flat tax. Masterson stripped him of the Senate Utilities Committee chairmanship, grumbling that “his services are no longer required.”

The Olathe Republican sounded almost liberated.

“It’s time to get something done for Kansans, not special interests,” he told Mipro. “There’s so much lobbying power in this building. It represents business and big donors. … But what about the taxpayers that are overburdened and overtaxed from the property tax to their income tax.”

Olson took a wide view, emphasizing how tax policy also affects those at the bottom of the socioeconomic ladder, not just those at the top. As I often said during my time in the nonprofit world — working on these very issues — tax policy shows what we value.

“We’ve got a lot of Kansans struggling,” the senator said. “Buying a house or buying a car, or paying rent or whatever. I mean, I go downtown here  in Topeka, I see more homeless people than I’ve ever seen. And there’s more people struggling as costs are going up just to pay for their food. And I can’t leave the people at the bottom out.”

As it happens, a report from a major national organization dropped Tuesday to amplify just these points.

The nonprofit Institute on Taxation and Economic Policy, based in Washington, D.C., issued its annual “Who Pays?” study, breaking down tax burdens state by state. These four bullet points about the Kansas tax system caught my end:

  • “The lowest-income 20 percent of taxpayers face a state and local tax rate that is 52 percent higher than the top 1 percent of households. The average effective state and local tax rate is 11.4 percent for the lowest-income 20 percent of individuals and families, 11.7 percent for the middle 20 percent, and 7.5 percent for the top 1 percent.
  • “Kansas currently has the 26th most regressive tax system in the nation.
  • “If 2025’s planned grocery sales tax elimination were in effect in 2024, Kansas would improve by 3 places on the ITEP Inequality Index and have the 29th most regressive tax system.
  • “On the other hand, if the state were to adopt a flat 5 percent income tax rate, Kansas would fall 8 places on the ITEP Inequality Index and have the 18th most regressive tax code in the nation.”

ITEP points to Arkansas, Idaho, Iowa, Kentucky, Nebraska and West Virginia as states that have followed the path favored by Masterson and Hawkins, cutting taxes for the wealthiest and benefiting big business. Other states have taken a different tack, such as Massachusetts, Minnesota, New Jersey, New Mexico and New York.

These states haven’t looked to solely cut taxes for the neediest, but to actually raise them on those most able to pay.

“We’ve seen a lot of states shift their tax systems to become even more regressive in recent years by enacting deep tax cuts for the wealthiest. But we know it doesn’t have to be like this,” said ITEP’s State Policy Director Aidan Davis. “There is a clear path forward for flipping upside-down tax systems, and we’ve seen a handful of states come pretty close to pulling it off.”

 

Former Kansas Gov. Sam Brownback, U.S. ambassador at large for international religious freedom, departs the post Wednesday following the re-election defeat of President Donald Trump to Democrat Joe Biden. (Screenshot of U.S. State Department briefing/Kansas Reglector)
Former Kansas Gov. Sam Brownback also served as the U.S. ambassador at large for international religious freedom. He resigned from his post as governor. (Screenshot of U.S. State Department briefing/Kansas Reflector)

What’s next and why

The tax tussling unnerves me a bit.

The Legislature only overturned former Gov. Sam Brownback’s cataclysmic tax “experiment” a scant seven years ago. And while our state should boast nearly $3 billion in reserves by the end of this fiscal year, changes to the tax system have a way of compounding over time. Add in required (but neglected) spending throughout the state, and that pillowy cushion might look seriously flat within a year or two.

Former Kansas Senate President Steve Morris, now with the educational group Kansans First, made that point himself.

“Kansas are rightly wary of ambitious, sweeping income tax reform,” he said in a statement. “In the past, we’ve been promised a ‘shot of adrenalin’ for our economy but saw when the dust settled that it was in reality a sucker punch for our rural communities.”

He praised the current bipartisan plan and added: “Our lawmakers can find real solutions when they set aside partisanship and opportunism. We look forward to seeing what lawmakers deliver for Kansans this season.”

State leaders need to be both smart and careful this session.

Kelly has proved, time and again, that she can outclass and outmaneuver her Republican opponents. She can apparently block a flat tax, but that doesn’t mean she can pass her favored legislation.

At some point this session, she and legislative leaders will have to sit down and deal. All of those at the table will have to weighs the benefits and drawbacks. If Kelly makes her peace with some type of flat tax, could she dislodge a Medicaid expansion vote in return? If Masterson and Hawkins tweak their proposal and offer an additional sweetener (say, full special education funding), could they gain their own bipartisan backing?

Whatever the case, keep an eye on the governor. When you least expect it, she’ll pull out another advanced gymnastics move and twirl past her foes in the blink of an eye.

Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.

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Clay Wirestone
Clay Wirestone

Clay Wirestone serves as Kansas Reflector's opinion editor. His work has appeared in more than 200 outlets in 30 states. He has written columns and edited copy for newsrooms in Kansas, New Hampshire, Florida and Pennsylvania. He has also fact checked politicians, researched for Larry the Cable Guy, and appeared in PolitiFact, Mental Floss and cnn.com. Before joining the Reflector in 2021, Clay spent four years at the nonprofit Kansas Action for Children as communications director. Beyond the written word, he has drawn cartoons, hosted podcasts, designed graphics and moderated debates. Clay graduated from the University of Kansas and lives in Lawrence with his husband and son.

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