Memorandum

City of Lawrence

Legal Services Department

TO:	Mike Wildgen, City Manager
FROM:	David L. Corliss Assistant City Manager & Director of Legal Services
CC:	Debbie Van Saun, Assistant City Manager
Date:	November 22,   2005
RE:	Development of 2006 State Legislative Policy Statement

The City traditionally provides local State legislators with a policy statement reflecting significant priorities for the upcoming Kansas legislative session.  At this time it is appropriate to ask City Commissioners concerning the development of this policy statement.  Attached are the 2005 policy statement and the League of Kansas Municipalities policy statement.

Foremost among the likely topics of consideration during the 2006 Kansas legislative session is the so-called Taxpayer’s Bill of Rights initiative (TABOR) which seeks to impose either statutory or constitutional limits on State – and perhaps local government – spending and/or revenue collection.  The desire for a TABOR-type law for Kansas local governments runs counter to the tradition that locally elected officials should determine local taxing and spending needs based on their local needs.

Additional issues likely to be of City concern in 2006 include:

≈  Efforts to ensure that local condemnation powers (eminent domain) are not abused in the taking of property for economic development purposes.  This issue is primarily focused on concerns raised in response to the U.S. Supreme Court decision upholding the use of condemnation powers by the city of New London Connecticut to acquire residences for future economic development purposes. 

≈  The telecommunications industry is likely to seek further erosion of municipal authority for the management of right-of-way and the collection of franchise fees.  These efforts mirror attempts at the national level to remove local franchising authority for cable television.

≈  The League of Municipalities is going to again seek improved investment authority for public funds.  Kansas state law is viewed as not providing municipalities with the best investment practices as allowed in other states.

City Commissioners are requested to provide direction on the development of a draft policy statement for later adoption by the Commission in December.