Category Archives: Kansas

Governor Appoints Hutchinson For 13th Judicial District

Governor appoints Magistrate Judge Kristin Hutchinson to fill district court vacancy in the 13th Judicial District

 

Today Governor Laura Kelly appointed Magistrate Judge Kristin Hutchinson, to fill the term of retiring District Judge Mike Ward.

 

“Judge Hutchinson has extensive experience with a wide variety of legal issues,” Kelly said. “I know she will serve the citizens of Butler County and the entire 13th Judicial District well.”

 

Hutchinson has served as a District Magistrate Judge in Elk County for the past eleven years, where she handles probate, small claims, juvenile offender and child-in-need-of-care cases. Hutchinson has prior experience as Chautauqua County Attorney pro tem, in addition to over a decade of experience with the City of Emporia, KS which included five years as Municipal Judge. She graduated from Southwestern College in 1979 and earned her juris doctor from the University of Kansas School of Law in 1983.

 

District judges in Butler County are elected and serve four-year terms. When a judge retires in the middle of a term, the governor appoints a new judge to finish out the term. The position to which Hutchinson is being appointed will be on the ballot in 2020. The 13th Judicial District includes the counties of Butler, Elk, and Greenwood.

 

Governor Issues Executive Orders for Renewals and Notaries

Governor Kelly issues Executive Orders to aid Kansans during COVID-19 pandemic 

 

As she discussed during her press briefing, Governor Laura Kelly today issued two new executive orders as part of her administration’s ongoing response to the COVID-19 pandemic.  

 

Due to the obstacles created by social distancing for Kansans whose work requires the renewal of a license, certificate, permit or registration, Executive Order #20-19 extends professional and occupational licenses for the remainder of the pandemic.  

 

Under the order, all state agencies shall extend renewal deadlines for any occupational or professional license that has expired – or will expire – during this disaster. Licenses will remain valid as long as the disaster declaration is in effect, and for 90 days after it expires.  

 

“Thousands of licensed workers are officing from home in an effort to follow guidance from public health officials,” Kelly said. “This order will ensure those Kansans are not hampered by licensing problems that they are powerless to solve under our present circumstances, so they can continue to do their jobs safely from home.”  

 

The measure also waives any late penalties or expiration fees, and it extends deadlines for continuing education requirements.  

 

The governor also issued Executive Order #20-20, which will temporarily allow notaries and witnesses to do their jobs remotely, through audio-video communication technology.  

 

“Our economy is at a standstill at the moment,” the Governor said. “But to the extent that we can, it’s important to find ways for Kansans to continue safely entering into contracts, filing marriage licenses, updating wills and handling other personal health care directives while still adhering to social distancing protocols.”  

 

Executive Order #20-19 can be found here.

 

Executive Order #20-20 can be found here.  

Governor Kelly Takes Legal Action

Gov. Laura Kelly takes legal action  
to keep Kansans safe amid global public health pandemic 
 

On Wednesday, the Kansas Legislative Coordinating Council (LCC) voted to revoke Kelly Executive Order 20-18, a temporary limit to mass gatherings of 10 or fewer people. This unprecedented action by the LCC to overrule a governor’s emergency response authority puts every Kansas life at risk amid a global health pandemic. In response, the Kelly administration today announced it has taken legal action to ensure politics do not continue to impede on the state’s ability to save Kansas lives.  

 

“The last thing I want right now is a legal battle,” Kelly said. “But Kansas lives are on the line, and I took an oath to uphold and defend the constitution. What the LCC did yesterday – in concert with the Kansas Attorney General – weakened and confused our emergency response efforts, putting every Kansan at risk. I cannot stand for that.” 

 

The Kansas Emergency Management Act empowers the Legislature with certain checks upon gubernatorial authority in the time of an emergency. However, those checks are allocated to the Kansas Legislature as a whole – not the seven-person Legislative Coordinating Council. If the Legislature seeks to amend the Kansas Emergency Management Act, it must do so by way of the constitutionally prescribed legislative process— not by issuing a mere concurrent resolution. Under the Kansas Constitution, laws are made by passing bills through both houses of the Legislature and presenting them to the Governor for signature. The Legislature bypassed that process when it attempted in the waning hours before adjourning to change the Kansas Emergency Management Act through a resolution. 

 

As such, the LCC’s actions yesterday conflict with both the Kansas Constitution and Kansas statute, which explicitly states that revocation of emergency orders resides with the Legislature as a whole – not with the LCC.  

 

“Throughout my time as governor, my administration has actively engaged the Kansas Legislature in our decision-making processes,” Kelly said. “I have invited lawmakers to provide input on various initiatives, to participate on various gubernatorial task forces, and I have always welcomed diverse voices and ideas to the table, no matter what the issue at hand. I will continue to do so – especially as it pertains to this public health pandemic and the necessary work that will soon be upon us to reopen and rebuild our economy. But there’s a difference between collaboration and control. My action today is about protecting our government’s constitutionally protected separation of powers, so that we can respond effectively to the worst public health emergency of our lifetimes.” 

 

The suit was filed with the Kansas Supreme Court to provide a conclusive, swift decision.  

 

Kansas Water Authority Virtual Meeting April 14

 

 

The Kansas Water Authority (KWA) will have a virtual meeting by webinar on Tuesday, April 14 starting at 10 a.m.

 

For additional meeting information or how to access it, visit the Kansas Water Office website, www.kwo.ks.gov or call (785) 296-3185.

The KWA is responsible for advising the Governor, Legislature and Director of the Kansas Water Office on water policy issues. They also ensure that water policies and programs address the needs of all Kansans as well as serve as advisors of the Kansas Water Vision and Kansas Water Plan. The KWA was established in 1981 and consists of 13 voting members who are appointed by the Governor or Legislative leadership. State agency directors serve as ex-officio members.

 

DCF Relaxes Food Assistance Work Requirements for Able-Bodied Adults

 

Agency implements other food assistance waivers during pandemic

 

Department for Children and Families Secretary Laura Howard today announced several steps the agency is taking to temporarily ease restrictions on Kansans who are currently receiving or applying for food assistance.

 

“The federal Families First Coronavirus Response Act allows states to suspend time limits on food assistance eligibility for unemployed and underemployed individuals known as able-bodied adults without dependents (ABAWDS),” Howard said. “Additionally, a proviso approved by the Kansas legislature would temporarily allow DCF to apply to the United States Department of Agriculture for a waiver of time limits if Kansas’s high unemployment persists after time limits are reinstated on the national level.”

 

This is a temporary waiver in effect from April 1 through the end of the national public health emergency.

 

Typically, ABAWDS must work or participate in an approved employment and training program for at least 20 hours per week. People not meeting this requirement are limited to receiving food assistance for only three months out of a 36-month time frame.

 

Beginning in April, these individuals continued to receive food assistance if otherwise eligible. If an individual’s case closed at the end of March or previous months they should reapply.

 

Additionally, DCF applied for and received federal waivers allowing the agency to:

 

  • Temporarily extend certification periods so individuals do not have to update their paperwork as often
  • Waive interviews for food assistance applicants, if the agency can verify information through other methods.
  • Waive face-to-face interviews for quality control reviews.

The agency also implemented express eligibility determinations, waiving additional documentation when possible.

Those interested in applying for food assistance can visit the DCF website at www.dcf.ks.gov.

For more information on COVID-19 visit: www.kdheks.gov/coronavirus.

 

Kansas Mass Gatherings Executive Order

Governor Kelly announces revised mass gatherings guidance to include religious services

 

As part of ongoing efforts to mitigate the spread of COVID-19, today Governor Laura Kelly rescinded Executive Order #20-14 and replaced it with Executive Order #20-18, which primarily brings our religious institutions and religious and non-religious funerals in line with the previous order that limited public gatherings to 10 or fewer people.

 

Although religious institutions and funerals previously were exempt from this 10-person limit, they now will need to comply with this rule, effective at 12:01 p.m. Wednesday.

 

“As Holy Week gets underway – and with Kansas rapidly approaching its projected ‘peak’ infection rate in the coming weeks – the risk for a spike in COVID-19 cases through church gatherings is especially dangerous,” Kelly said. “This was a difficult decision, and not one I was hoping to have to make.

 

“But I’ve said repeatedly during this crisis that we will adjust to circumstances as they develop to make sure we do everything we can to protect Kansans.”

 

E.O. #20-18 does not ban religious gatherings or funerals. Instead, both conducting and attending religious services and funerals remain designated “essential functions” and cannot be prohibited by local orders. However, gatherings must be limited to 10 individuals at a time and clergy, staff and attendees must adhere to appropriate safety protocols as outlined in the statewide stay-home order – including social distancing, hygiene and other efforts.

 

“I encourage all faith leaders to embrace alternative forms of worship that do not involve in-person congregation,” the Governor said. “Churches are livestreaming services and bringing their parishioners together over Facebook Live for Bible Study. They also are looking for alternative ways to observe their rituals.”

 

On April 3, the Kansas Department of Health and Environment issued new guidance to support churches in their transition to this method of worship, which can be viewed at http://www.kdheks.gov/coronavirus/toolkit/Church_Sevices_Guidance.pdf.

 

The Governor said that in speaking with several faith leaders across Kansas, she was encouraged and deeply grateful that many religious institutions across the state have already recognized the danger of congregating in person and have proactively taken steps to celebrate in an alternative way. See statements from several below:

 

Reverend C.L. Bachus of Kansas City Kansas’ Mt. Zion Baptist Church: “I am calling the Christian community to follow Governor Kelly’s executive order as it relates to social distancing and limited gatherings. We’ve had some difficult experiences in the religious community that makes this action necessary. I encourage you all to obey the mandate. It’s time we use good common sense as well as exercise our faith during this difficult time. We are all in this together.”

 

Catholic Monsigner Stuart Svetland of Donnelley College in Kansas City, Kansas: “Everyone recognizes the religious liberty and first amendment rights, but with rights also comes the duty to serve the common good. Right now, it is necessary for religious institutions to serve the common good and our common health by following this reasonable request from the Governor.”

 

Dr. T. La Mont Holder, President of Missionary Baptist State Convention of Kansas: “In light of the COVID-19 Pandemic, it is imperative that pastors and churches comply fully with the state and local gathering restrictions of (10 or less) that have been implemented by our Governor, Laura Kelly, and the healthcare experts who are working with her daily to provide the best policies and practices for reducing the spread here in Kansas.

 

This is no time for spiritual extremism. It is the responsibility of each pastor and church to act responsibly and lead by example. To continue to place the health and welfare of our church members, and the community at large in danger is biblically and morally irresponsible and reckless.

 

In these difficult times we must endeavor to be a part of the solution and not a part of the problem. To defy the meeting restrictions is negligent, selfish and reprehensible. As a member of the clergy, I understand that as a community of faith the church is our safe place. However we must not turn our safe places into sanctuaries of predation.  

 

I implore EVERY pastor, church leader and parishioner across the state of Kansas to rethink your actions during this vulnerable time in our nation and particularly in Kansas. We are in a state of emergency and our actions in these critical moments will determine how soon we get beyond this healthcare emergency.

 

Join me, the Governor, and our trusted healthcare experts in combatting this unprecedented health crisis in our country. Let’s unite to fight this outbreak and in the end we will conquer COVID-19. #KansasStrong!”

 

Rev. Shriley D. Heermance, Pastor at Historic St. Mark’s A.M.E Church: “Today we were informed of the Honorable Governor Laura Kelly’s Executive Order to remove the exemption that allowed for members of the Faith Community to gather for worship, per the established distancing order. The Historic St. Mark’s African Methodist Episcopal Church (Topeka, Kansas) stand in support of this difficult decision. Sharing with others of the Faith Community, who believe that through this crisis, we are safer at home. We are grateful to have opportunity to continue in Worship, study, and official meetings through the social media and teleconferencing. Our hearts are filled with sorrow over the 11,000-plus lives lost to the COVID-19 virus. We are thankful for all those who serve through this crisis on the front line and will remain prayerful until at last our God has healed our State, our Nation, and our World.”

Legislative Update by State Senator Caryn Tyson

Caryn Tyson

 

April 3, 2020

 

The legislature adjourned about two weeks early this year.  The session has been suspended and we do not know if or when we will be back, even though we are scheduled to return April 27.  Almost all have been impacted by COVID-19 and the legislature is no exception.  There is still important work to be completed but nothing that the law requires.  The only topic the legislature is required to deal with is the budget and unfortunately the one that passed is a huge increase in spending that does not address the pandemic.

 

It was reported the state government is tracking people by using cell phone data.  More accurately, the Secretary of Kansas Health and Environment (KDHE) is using data from the company Unacast.  The Governor has stated they are not paying for your cell phone data and that this data is anonymous to the state government.  The Senate President has made an open records request to assure the data is anonymous.  Google has announced they will also be providing anonymous data to the government.  You know the data is not anonymous to the collectors.  If they happen to release raw data, well you can see how this would be a problem.

 

The federal government and many companies are tracking you, buying and selling your personal information.  This raises privacy concerns and it should.  However, most people give access to their information without being aware they did it.  During session, I was reading the fine print of a common software application (known as an app) to a friend.  In order to use the free app, you had to agree for all access to your phone, including but not limited to contacts, camera, pictures, web pages you accessed, and your location.  If you check the box to use the app, you signed over access to all of that information.  It’s time that we work on legislation to protect your privacy.

 

With all of the uncertainty and people out of work, financial obligations are daunting.  Many will face property tax payments due May 10.  Currently, there is no way to lower the amount due for this obligation other than an Executive Order (EO) by the Governor.  Local governments and schools can lower mil levies in order to lower property taxes but that will not address the amount due this May 10.

 

As we spend Holy Week reflecting, I’m reminded of a prayer we would say before volleyball games, so let’s remember you have been given this and every day to use as you will.  “What you do today is important because you are exchanging a day of your life for it.”  For Christians this is a very important week.  May you have a blessed Easter.

 

It is an honor and a privilege to serve as your 12th District State Senator.

Caryn

SBA Economic Injury Disaster Loans

Department of Commerce introduces Live Chat to help businesses
applying for SBA Economic Injury Disaster Loans

 

Topeka, Kan. – The Kansas Department of Commerce launched a Live Chat feature on its COVID-19 Response webpage today specifically to provide support to Kansas businesses and nonprofits applying for Economic Injury Disaster Loans through the U.S. Small Business Association.

The SBA approved Governor Laura Kelly’s disaster declaration request for all 105 Kansas counties, making low-interest, long-term loans available for Kansas businesses to fund fixed debts, payroll, accounts payable and other bills that can’t be paid because of the impact of COVID-19. The interest rate is 3.75 percent for small businesses and 2.75 percent for nonprofit organizations.

“The Department of Commerce doesn’t administer the SBA disaster loans, but we can help our business partners across the state navigate the application process,” Secretary of Commerce David Toland said. “We know this is a challenging time for Kansas companies, and we are moving swiftly and aggressively to get them the support they need.”

The Department’s team of regional project managers attended training provided by the SBA and various lenders, which prepared them to provide guidance to Kansas businesses applying for SBA loan funding. “We fast tracked the training with our partners to ensure we could provide immediate support to the businesses who need it right now,” Toland said.

Businesses can apply for SBA loans at https://www.sba.gov/funding-programs/disaster-assistance. Commerce representatives will be available via the Live Chat function from 9 a.m.-4 p.m., Monday-Friday at https://kansascommerce.gov/covid-19-response.

For current information on COVID-19 in Kansas and to sign up for updates, go to the KDHE COVID-19 Resource Center at kdhe.ks.gov/coronavirus.

KDHE adds state to travel quarantine list: Connecticut

TOPEKA – The Kansas Department of Health and Environment (KDHE) has added one state to the quarantine list: Connecticut. This is effective for persons returning today, April 6, and moving forward.

 

A comprehensive list of those individuals in Kansas needing to quarantine for 14 days includes those who have:

 

  • Traveled to Connecticut on or after April 6.
  • Traveled to Louisiana or anywhere in Colorado on or after March 27.
  • Traveled to Illinois or New Jersey on or after March 23.
  • Traveled to a state with known widespread community transmission (California, Florida, New York and Washington state) on or after March 15.
  • Visited Eagle, Summit, Pitkin and Gunnison counties in Colorado in the week of March 8 or after.
  • Traveled on a cruise ship or river cruise on or after March 15.
    • People who have previously been told by Public Health to quarantine because of their cruise ship travel should finish out their quarantine.
  • Traveled internationally on or after March 15.
    • People who have previously been told by Public Health to quarantine because of their international travel to China, South Korea, Japan, Italy and Iran should finish out their quarantine.
  • Received notification from public health officials (state or local) that you are a close contact of a laboratory-confirmed case of COVID-19. You should quarantine at home for 14 days since your last contact with the case.  (A close contact is defined as someone who has been closer than 6 feet for more than 10 minutes while the patient is symptomatic.)

Important Note: These mandates do not apply to critical infrastructure sectors needed to continue operations during this pandemic. Public health, including hospitals, clinics, etc. need to have the staffing resources to continue serving Kansans. While KDHE strongly recommends these quarantine restrictions for everyone, we do recognize that medical care needs to continue and no healthcare facility should ever be to a point where it would need to close due to staff being quarantined. We ask facilities to ensure they have updated their Emergency Preparedness Plans and implement protocols to ensure that no employee comes to work symptomatic. Other examples of critical infrastructures include pharmaceutical and food supply, along with others defined by the Department of Homeland Security.

For more information, please visit the KDHE website at www.kdhe.ks.gov/coronavirus.