Category Archives: Kansas

Kobach Sues TikTok

Kobach Sues TikTok

TOPEKA – (March 6, 2024) – Kansas Attorney General Kris Kobach announced his office has filed a lawsuit today in Shawnee County District Court against social media company TikTok for misrepresenting its age-appropriateness in app stores, deceiving parents about the effectiveness of its parental tools, and creating and aggressively promoting an addictive app the that erodes the mental health of Kansas children.

“TikTok deceived parents by saying that the app was safe and age appropriate. In reality, the app has promoted filth, profanity, sexual content, and alcohol and drugs to Kansas kids. Even worse, it has used coercive algorithms that spike dopamine, keep kids on the app as long as possible, and facilitate downward mental health spirals. Kansas parents deserve the truth about the harm the app causes to young users, and Kansas kids should be protected,” Kobach said.

The lawsuit alleges that TikTok knew its app was not safe for kids when it released the app in 2017.  Additionally, the company misleads parents by marketing its app as age appropriate for children 12 and older. Despite its assertions, TikTok hawks significant amounts of profanity and crude humor, sexual content and nudity, alcohol, tobacco and drug usage, and mature and suggestive themes.

“Parents and caregivers believe their children are protected from images of intense sexual content, illicit drug use, and videos encouraging vaping and tobacco use, because TikTok deceives parents into believing the company hides this content from children. In reality, this company created an app intentionally to hook Kansas children onto their salacious, dangerous, and damaging content at the price of those children’s mental health. This damage will echo far into the future of our state, and TikTok must answer for its actions,” said Deputy Attorney General Fran Oleen.

According to the petition, TikTok offers “restricted mode” and “family pairing” tools to keep Kansas children safe, but the tools are ineffective. The suit also alleges that TikTok negatively impacts the mental health of Kansas youth.

“Kids in Kansas have been bombarded with problematic TikTok videos while lost in the addictive grip of TikTok’s auto scroll that affects not only their attention spans, but their mental health. Youth in Kansas frequently find themselves in an infinite hole of TikTok videos that tell them they are not good enough or attractive enough. These videos are often paired with advice on how to evade parents’ detection of eating disorders,” said Assistant Attorney General Sarah Dietz. “TikTok has misrepresented itself as safe, while it purposefully addicted minors and wreaked havoc on their mental health. Even when parents and caregivers try to create a safe environment for their children by using parental controls, they are deceived by TikTok’s false representations that the parental controls are effective.”

The Office of the Kansas Attorney General is alleging multiple violations of the Kansas Consumer Protection Act. Specifically, the state seeks civil penalties of $10,000 per violation and enhanced civil penalties of $20,000 for deceptive and unconscionable acts against protected consumers.

Oleen and Dietz of the Office of the Kansas Attorney General, along with Special Assistant Attorneys General David Thompson, Brian Barnes, Megan Wold, and Athie Livas of Cooper & Kirk, PLLC, represent the state of Kansas in the suit.

Read the petition here.

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Pay-Per-Mile or State Fuel Tax KS Study Begins

Road Usage Charge study underway, looking for Kansans to participate

The Kansas Department of Transportation announces the launch of a three-month pilot study exploring whether a pay-per-mile road usage charge (RUC) could potentially replace the current state fuel tax as a new way to fund roads and bridges. The study, part of the Kansas Midwest RUC Study, asks Kansans to try out mileage reporting options and provide feedback about their experience.

Today, gasoline-powered vehicles pay 24 cents per gallon for state gas tax, and diesel-powered vehicles pay 26 cents per gallon for state diesel tax. As vehicles transition to being more fuel efficient or not use gas or diesel at all, state transportation funding may fall short.

KDOT is proactively exploring whether a RUC could be a sustainable, long-term funding source for transportation in the state. KDOT, in partnership with Minnesota Department of Transportation, is utilizing federal grant money available to states to study potential alternative approaches to transportation funding. To date, most states exploring RUC are on the East and West coasts — and Kansas is adding a Midwest perspective to this national conversation.

KDOT is actively recruiting pilot participants to take part in the study, which is scheduled to begin in April. Drivers across the state are asked to take part, especially rural Kansans who drive passenger vehicles or medium-duty trucks, people working in the agriculture industry and owners or operators of large trucks. Participants who fully complete the pilot can earn a $100 incentive.

Kansans interested in taking part in the pilot can visit www.midwestruc.org for more information to complete an interest form for the pilot study.

Legislative Update by State Senator Caryn Tyson

Caryn Tyson

 

March 1, 2024

 

Halfway into session there has been debate on taxes, education, elections, health care, and other topics.  There is still much work to be completed and not much time left if the rumors are true that session will end the second week of April or before.

 

Where do we go from here?  Committees will continue to work on bills.  Most of the committees will be hearing bills that passed over from the other chamber.  However, there will be some hearings on bills that didn’t make it out of the originating chamber.

 

Legislative Post Audit reported on the Angel Investor Tax Credit program.  Investors who replied to survey questions had positive comments about the program.  Of course – they get a tax credit that they can use or sell.  A 2020 audit and the 2024 audit couldn’t determine if the businesses created jobs or stayed in business.  The audit recommends that the Department of Commerce develop processes to review the program and measurer outcomes.

 

Another Legislative Post Audit reviewed major economic development programs managed by the Department of Commerce.  The report stated that $436 million was awarded via several different programs, PEAK, JCF, KIT, and KIR from 2017 through 2021.  The staggering number was the HPIP program.  More than $3 billion was awarded in HPIP tax credits from 2017 to 2020.  Businesses can use those credits up to 16 years after they are awarded.  These and other programs giveaway billions of dollars that could be used to “buy down” taxes for all Kansans, instead of government picking winners and losers.  It would make more sense to provide tax relief for all.

All of the audits reported by Legislative Post Audit can be found online at https://www.kslpa.org/.

 

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

Caryn

 

Kansas February Total Tax Collections at $521.4M; 6.0% Below Estimate

TOPEKA – The State of Kansas ends February 2024 with total tax collections at $521.4 million. That is $33.1 million, or 6.0%, below the estimate. Total tax collections are down 5.2% from February 2023.

“Falling short of estimates for the fourth consecutive month reiterates that Kansas must pass a tax cut plan that is sustainable and fiscally responsible,” Governor Laura Kelly said. “That’s why I have proposed a bipartisan tax cut package that would benefit all Kansans without jeopardizing our long-term economic growth or ability to continue fully funding essential services.”

Individual income tax collections were $173.6 million. That is $46.4 million, or 21.1%, below the estimate, and down 17.9% from February 2023. Corporate income tax collections were $21.1 million. That is $5.1 million, or 31.6%, above the estimate and up 37.5% from February 2023.

Combined retail sales and compensating use tax receipts were $252.6 million, which is $10.4 million, or 4.0%, below the estimate and down $15.4 million, or 5.7%, from February 2023.

Click to here view the February 2024 revenue numbers.

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Commerce Announces $4.1M Available in Tax Credits Program

 

TOPEKA – Lieutenant Governor and Secretary of Commerce David Toland today announced $4.1 million in tax credits once again will be made available under the Kansas Department of Commerce’s Community Service Tax Credit Program (CSP).

CSP assists private nonprofit organizations and public healthcare entities undertaking major capital campaigns for projects involving:

  • Community service, including childcare
  • Non-governmental crime prevention
  • Youth apprenticeship and technical training
  • Healthcare services

Under this program, the state authorizes nonprofit organizations to offer tax credits to donors making contributions towards approved projects. Organizations are chosen through a competitive selection process.

“CSP tax credits help a wide variety of community-led projects come to fruition,” Lieutenant Governor and Secretary of Commerce David Toland said. “The program benefits organizations and donors alike as they collaboratively work to improve their hometowns by supporting projects that positively impact a community’s overall economic health and quality of life.”

Proposed projects should be unique or one-time in nature and create lasting value for charitable organizations. For example, projects might include a capital campaign, major equipment purchase, major renovation, capacity building, etc.

The application window is open from March 1 through April 30, 2024. Applicants may request up to $200,000 in tax credits. Applicant organizations in rural areas (less than 15,000 population) are eligible for a 70 percent credit. Applicant organizations in non-rural areas are eligible for a 50 percent credit.

If your organization is interested in applying for the CSP program, the Department of Commerce invites you to an introductory webinar at 1:00 p.m. Friday, March 1. Registration is required. For more information and to register, click here.

For questions regarding CSP Tax Credits, visit the Commerce website here or contact Community Development Specialist Sara Bloom here or at (785) 506-9278.

About the Kansas Department of Commerce:

As the state’s lead economic development agency, the Kansas Department of Commerce strives to empower individuals, businesses and communities to achieve prosperity in Kansas. Commerce accomplishes its mission by developing relationships with corporations, site location consultants and stakeholders in Kansas, the nation and world. Our strong partnerships allow us to help create an environment for existing Kansas businesses to grow and foster an innovative, competitive landscape for new businesses. Through Commerce’s project successes, Kansas was awarded Area Development Magazine’s prestigious Gold Shovel award in 2021, 2022 and 2023, and was awarded the 2021 and 2022 Governor’s Cup by Site Selection Magazine.

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Kansans encouraged to celebrate Talking Books Week, March 3rd-9th

TOPEKA – Kansas Governor Laura Kelly signed a proclamation declaring the week of March 3-9, 2024, Kansas Talking Books Week. According to the proclamation, the federal Pratt-Smoot Act, enacted on March 3, 1931, established free library services for blind adults, administered by the National Library Service for the Blind and Print Disabled (NLS) in the Library of Congress.

During Talking Books Week, the State Library of Kansas is celebrating services that Kansans with a print impairment can enjoy with a Talking Books account. Governor Kelly’s proclamation highlights the variety of more than 150,000 accessible reading materials and additional information services, including a new statewide sponsorship by the agency of NFB-Newsline. A service of the National Federation of the Blind, NFB-Newsline provides library patrons access to hundreds of newspapers, magazines, emergency weather alerts, job listings, and more by phone, internet, an iOS app, and an Alexa skill.

The Director of the Talking Books Division Michael Lang noted, “we encourage our current and potential patrons to explore the variety of services offered and the options for customization available through Kansas Talking Books. We want every user to find their perfect fit of service to meet their needs.”

Talking Books Week programming will be shared on social media at facebook.com/kansas.talking.books.service. Special events during the week will include an online patron open forum with division staff on Wednesday and a roadshow event at the Emporia Public Library on Thursday.

Kansas Talking Books, a division of the State Library of Kansas, proudly serves patrons who are blind, visually impaired, physically impaired, or otherwise print disabled in all 105 counties across the state with the assistance of outreach centers in Norton, Great Bend, and Iola. All services are provided at no cost to the patron. To learn more about services from the State Library’s Talking Books Division, call toll-free 1-800-362-0699 or visit kslib.info/Talking-Books.

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Legislative Update by State Senator Caryn Tyson

Caryn Tyson

 

February 23, 2024

 

Turnaround is the halfway point of session. The days before turnaround, leadership schedules bills to be debated and brought to a vote. Thankfully, this year Senate leadership didn’t bring an extreme amount of bills above the line for debate. There were still too many bills to report in this update so below are some highlights. All bills can be found at www.kslegislature.org.

 

Property Rights would be protected from unfounded forfeiture and seizure if SB 458 becomes law. It passed the Senate 36 to 2.  I voted Yes.

 

Eminent Domain allows government to take your property. A majority of senators, myself included, supported legislation that would remove the Secretary of Wildlife and Parks authority to use eminent domain to acquire land, water, or water rights. SB 417 passed 25 to 14.

 

Coal Fired Energy Plants in Kansas have announced closures, all except for one in western Kansas. Thankfully, none have closed.  SB 455 would make it more difficult to close these plants by forcing certain conditions, such as requiring that another energy generating plant be in place before the coal plant could shut-down. I supported the bill that passed 29 to 8.

 

Protecting Patients’ Rights by establishing the Right to Health Freedom Act in SB 391 would limit isolation and allow patients to see their loved ones. It would permit the Secretary of Health and Environment to maintain a list of infectious or contagious diseases. However, they would not have the authority to enact rules and regulations. Local health officers (LHO) could recommend quarantines during a highly contagious or deadly disease outbreak. I voted Yes. The bill passed 23 to 17.

 

Privacy Protection in current law makes it illegal to record or photograph a person who is nude or in a state of undress when the recording device is hidden. SB 420 would make it a crime no matter if the device is hidden or not. It passed unanimously.

 

Military Drivers who qualify under the Even Exchange Program would not have to take a knowledge or a skills test to get a commercial driver’s license (CDL) if SB 462 becomes law. It passed unanimously.

 

Senate Sub for HB 2247 had several provisions in the bill dealing with the Uniform Consumer Credit Code (UCCC) and the Kansas Mortgage Business Act (KMBA). The UCCC has only been adopted by 11 states since established in 1952.  Kansas is one of the eleven. By adopting updated UCCC, consumers will see a credit card surcharge on receipts. It has been against the law for businesses to charge this fee. Colorado’s version will limit the surcharge to 2%. Kansas will not have a limit. The bill would allow creditors after 10 days and written notice to collect a late payment and also charge reasonable cost of collection. If you don’t voluntarily pay, it appears a creditor can take possession. They cannot enter “a dwelling” or use “force”. Does that mean they can access your bank account? Another section of the bill would restrict financial examinations from “open records, subpoena and discovery or admissible in evidence in any private civil action” until July 1, 2030. Why?  There are more questions than answers with the bill so I voted No.  It passed 33 to 6.

 

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

Caryn

 

Commerce Grants Available for Rural Mural and Public Art Projects

 

TOPEKA – The Kansas Department of Commerce today announced a total of $75,000 is available for a new round of Rural Mural and Public Art program funding. The program helps rural communities design engaging new art that improves the local aesthetic – making the community more appealing not only for those who live there but for potential new businesses and residents as well.

Grants up to $7,500 are available for eligible communities, which also is the total amount any one county can receive. The Office of Rural Prosperity program requires a 1:1 match, with 25% being a cash match unless the community has fewer than 1,000 residents. For those communities, matching support can be 100% in-kind services, including volunteer labor, materials and supplies, equipment, etc.

“Murals and creative projects invite new businesses and residents to celebrate Kansas as their home,” Lieutenant Governor and Secretary of Commerce David Toland said. “Our holistic approach to economic development includes dedicating resources that enhance the physical attractiveness of communities, which helps encourage new investment.”

Awards will be given to communities across the state with less than 15,000 population. Murals can beautify community gathering spaces, elevate tourist attractions, and offer a welcoming message for visitors. Communities are encouraged to utilize the 11-week application period to complete community engagement conversations about what the art should reflect.

“Over the past three years, we have supported the creation of more than 75 murals and public art pieces in rural communities across Kansas,” Office of Rural Prosperity Director Trisha Purdon said. “These art pieces support economic growth, instill pride and create community excitement for residents and visitors who have viewed the murals throughout the state.”

Applicant communities should identify their muralist, art location and design concept by May 10, 2024, the application due date. Murals and public art must be completed by December 31, 2024. Click here for more details. There also will be a webinar at 11:00 a.m. Wednesday, February 28. To register, click here.

About the Kansas Department of Commerce:

As the state’s lead economic development agency, the Kansas Department of Commerce strives to empower individuals, businesses and communities to achieve prosperity in Kansas. Commerce accomplishes its mission by developing relationships with corporations, site location consultants and stakeholders in Kansas, the nation and world. Our strong partnerships allow us to help create an environment for existing Kansas businesses to grow and foster an innovative, competitive landscape for new businesses. Through Commerce’s project successes, Kansas was awarded Area Development Magazine’s prestigious Gold Shovel award in 2021, 2022 and 2023, and was awarded the 2021 and 2022 Governor’s Cup by Site Selection Magazine.

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Comments Requested on KS Transportation Program

The Kansas Department of Transportation (KDOT) requests comments on an amendment to the FFY 2024-2027 Statewide Transportation Improvement Program (STIP) document.

The STIP is a project specific publication that lists all KDOT administered projects, regardless of funding source, and includes projects for counties and cities as well as projects on the State Highway System. The list of projects being amended to the STIP can be viewed at http://www.ksdot.org/bureaus/burProgProjMgmt/stip/stip.asp.  In addition to the project list is Administrative Modification #3 for narrative updates in the STIP.

The approval of the STIP amendment requires a public comment period, which concludes March 6. To make comments on the amendment, contact KDOT’s Division of Program and Project Management at (785) 296-3254.

This information is available in alternative accessible formats. To obtain an alternative format, contact the KDOT Division of Communications, (785) 296-3585 (Voice/Hearing Impaired-711).

Kansas election fraud defendant arrested in Florida

A Florida man is under arrest after being charged with election fraud in Kansas. George Andrews, 30 of Dade City, Florida, was arrested on Feb. 10 for forging signatures on petitions to make “No Labels” an officially recognized political party in Kansas.

“The arrested individual was part of a scheme to defraud Kansas voters by placing their forged signatures on petitions. In Kansas, we take election fraud seriously, and we will prosecute every case where the evidence indicates a crime has been committed beyond a reasonable doubt,” Kansas Attorney General Kris Kobach said.

The arrest comes following an extensive investigation by the Kansas Attorney General’s Office.

Andrews is charged with two counts of election perjury and 28 counts of election forgery. He was arrested on Feb. 10 in Dade City, Florida. Pending extradition to Kansas, Andrews will appear in Johnson County District Court.

In 2015, the legislature gave the Attorney General’s Office and the Secretary of State’s Office the authority to prosecute elections crimes in Kansas. When Kobach was Secretary of State, he successfully prosecuted 12 cases of election fraud, including double voting and non-citizen voting. Kobach is the first Kansas Attorney General to exercise the authority to prosecute election crimes.

Andrews should be presumed innocent until proven guilty.

Legislative Update by State Senator Caryn Tyson

Caryn Tyson

 

February 16, 2024

 

Debate on the Senate floor was intense on a few issues this week.  One of the most contentious was SCR 1737, supporting Texas efforts to stop illegals from entering the U.S.  The ranking Democrat tried to get the Kansas Senate to say they supported the U.S. Senate border bill in an amendment.  When asked what was in the U.S. Senate legislation she didn’t answer the question.  Reports say it was over $118 billion spending, giveaways to foreign countries, and requirements that wouldn’t stop the border crisis.  Thankfully, her amendment failed.  The original SCR passed, supporting legal immigration and making it clear we support Governor Abbott, Texas, and 25 other states working to protect our borders by blocking illegal immigration and illegal drugs from coming across.  It passed 26 to 12.  I voted Yes.  There will be other legislation to fund the Kansas National Guard in these efforts.

 

Kansas Public Employment Retirement System (KPERS) currently allows 15% of the funds to be invested in alternative investments.  SB 23 would have removed the 15% limit.  An amendment to increase the limit to 20% passed during debate.  All it did is make a bad bill a little more palatable to get 21 votes.  We stopped this legislation twice last year but could not stop it this year.  It passed 24 to 13.  One legislator that was a banker said his bank wouldn’t risk putting money in those types of investments, but then he voted for the bill.  Another Senator reminded the body that years ago risky investments cost taxpayers and almost broke KPERS.  Legislation was put in place to block alternative investments so it would not happen again.  In the ‘90s, legislation was passed allowing up to 5% of KPERS money to be in alternative investments.  In 2012 it went to a cap of 15% and now 20% is being considered.  The return on these risky investments has been high so some perceive the risk is low.  A gamble, I’m not willing to take with taxpayer money.

 

KPERS Death Benefits would increase to $6,000 from $4,000 if SB 172 becomes law.  It passed the Senate 25 to 14.  I voted Yes.

 

Tax deferred savings accounts, ABLE (529A for disabled), 529 (for education), and First-Time Home Buyers contributors would be allowed flexibility in taking subtraction modifications from income in the current or previous tax year when filing their state income taxes if SB 360 becomes law.  It passed the Senate unanimously.

 

Internet sites would be required to use age verification software if 25% or more of the content is pornographic.  We couldn’t get a solid answer why 25% was selected.  After a lengthy debate, SB 394 passed the Senate unanimously.

 

Tax Cuts are still a hot topic.  At a coffee, constituents from both parties asked that we support the veto override.  They understand that a political volley is taking place and taxpayers are the ones’ to loose if we cannot override the veto.  If CCR 2284 would become law, over 341,000 low income filers would pay $0 state income tax, and Social Security would be exempt from state income tax.  There are inflation busters on income taxes and homeowners’ property taxes.  Also, the state sales tax on groceries would go to $0 on April 1st.  It isn’t reckless or experimental with over $3 billion in the state coffers and many states have a single rate, including Democrat controlled states like Colorado.  Remember the words of Senator Bob Dole, “The purpose of a tax cut is to leave more money where it belongs: in the hands of the working men and working women who earned it in the first place.”

 

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

Caryn

 

KDOT announces call for EV infrastructure projects

 

TOPEKA – The Kansas Department of Transportation announces a call for Electric Vehicle (EV) charging infrastructure projects statewide before proposals are accepted for these projects.

Nearly $16 million in National Electric Vehicle Infrastructure (NEVI) Formula funds are available for DC Fast-Charging projects along federally designated EV Charging Alternative Fuel Corridors in Kansas. All awarded projects are required to provide a minimum 20% cash match.

The call for EV infrastructure projects requires a Project Interest Form to be submitted online before the formal proposal process begins.

“This allows KDOT to verify eligibility and receive feedback on locations of interest,” said Tami Alexander, KDOT Transportation Electrification Manager. “The forms will help us to determine support for EV charging in locations around the state.”

A brief overview of the application process is below –

  • Request for Interest (RFI)
  • Project Interest Form deadline – forms must be submitted by 11:59 p.m. CST on March 19.
  • Review of forms – March-April.
  • Request For Proposals details distributed to eligible RFI respondents – April 11.
  • Deadline to submit proposals – 11:59 p.m. CST on June 21.
  • Bid proposals reviewed – June-July
  • Anticipated award announcements – September

For more information, contact [email protected].

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