Editorial: Tax lid fine as is

Voter-approval requirement is a good check on local governments and a good protection for taxpayers.

The League of Kansas Municipalities wants to make it easier for local governments to raise property taxes without seeking voter approval. The Kansas Legislature should just say no.

Representatives of the League said Wednesday the organization, which lobbies on behalf of local governments such as cities, plans to push for a bill that amends the property tax lid law the Legislature adopted in 2015. The property tax lid law requires cities and counties to seek voter approval before they adopt a budget that increases the spending of property tax revenues beyond a five-year average rate of inflation.

Two bills have been pending in the Legislature dealing with the tax lid: House Bill 2082, which would repeal it entirely; and House Bill 2376, which would change the election requirement by making budget increases above the inflation average subject to petitions for election rather than automatically requiring an election. The League of Municipalities is pushing the latter as a more viable option, said Erik Sartorius, executive director of the organization. Sartorius said the group favors full repeal of the lid but doesn’t think it’s realistic right now.

The tax lid law was inserted into the tax bill in 2015 by Senate Republicans who said their constituents were upset by rising property tax bills at the local level.

The tax lid includes exceptions. For example, local governments are allowed to realize growth in property tax revenues that result from new construction, annexation and increased value of “personal” property such as vehicles. Money needed to improve police and fire protection and emergency medical service is exempt from the lid. The law also exempts money needed for debt service, to pay legal settlements, or to comply with state or federal mandates.

Douglas County Administrator Craig Weinaug said the lid needs to be amended because the state continues to reduce funding, thus increasing the burden on local governments. But that’s an argument that local governments can use in appealing to voters for approval of a tax increase.

There’s nothing wrong with local governments having to make their case to voters before implementing significant tax increases. The property tax lid protects taxpayers, and legislators shouldn’t lower the burden of proof on local governments seeking to raise taxes beyond the cost of inflation.