Category Archives: Kansas

Government, Health Care, Kansas

New Cases of COVID-19 In Kansas

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Three New Presumptive-Positive COVID-19 Cases Identified in Kansas

The Kansas Department of Health and Environment (KDHE) is confirming three presumptive-positive cases of COVID-19 in Kansas. The possible cases were identified with testing sent to KDHE’s Kansas Health and Environmental Laboratories (KHEL). KHEL, which is approved by the Centers for Disease Control and Prevention (CDC) to perform COVID-19 testing, found presumptive-positive results. These results will be verified by the CDC lab but will be treated as a positive unless determined otherwise.

The cases are in Johnson County and involve three people who attended the same conference in Florida. It is believed they contracted COVID-19 in Florida.  They were not symptomatic when traveling home and sought care once they began feeling ill. KDHE continues to work with the local health department and CDC to identify and contact people who may have come into contact with the individual while they were infectious and will monitor them for fever and respiratory symptoms. The patients are all males and in isolation. These cases are not connected to the earlier case in Johnson County. No other information will be provided about the patients.

“Right now, there is no community spread,” Dr. Lee Norman, KDHE Secretary, said. “The cases in Kansas are here because of transmission elsewhere. However, Kansans should remain vigilant. It’s important to live your lives, but it’s also important to take basic precautions like exercising good hygiene practices. It is up to each of us to do our part.”

 

“Kansas is working alongside local and federal public health partners in addressing presumptive positive cases in our state, and the potential spread of the virus,” Governor Laura Kelly said. “It is our highest priority to keep all Kansans healthy and safe. Everyone should continue to practice safe habits such as hand washing and staying home when sick. The KDHE website, www.kdheks.gov, has daily updates and other resources to keep Kansans educated on COVID-19.”

People should exercise vigilance when attending large public gatherings, particularly those people over age 60 and those with weakened immune systems or chronic medical conditions. There are mass events guidance documents from the Centers from Disease Control available on KDHE’s website, www.kdheks.gov/coronavirus.

If you have symptoms such as fever, cough or shortness of breath and believe you may have had contact or have had contact with someone with a laboratory confirmed case of COVID-19, stay home and call your healthcare provider.

You may also call the KDHE phone bank at 1-866-534-3463 (1-866-KDHEINF) today Monday – Friday, 8 a.m.–5 p.m. For more information about COVID-19, visit KDHE’s website and Frequently Asked Questions at www.kdheks.gov/coronavirus/ and www.cdc.gov/coronavirus.

Government, Kansas

Wall Fills Vacancy on Kansas Supreme Court

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Governor appoints Kenyen J. (K.J.) Wall to fill vacancy on the Kansas Supreme Court

 

Governor Laura Kelly today appointed Kenyen J. (K.J.) Wall to the Kansas Supreme Court. Wall will fill the vacancy created by the retirement of Chief Justice Lawton Nuss. 

 

“Whether the court is dealing with issues of life and death, the powers of our government, or how we deal with the economic challenges of our time, the Supreme Court demands the best the legal profession has to offer,” Kelly said.

 

“K.J. has an incredible legal mind, a love of the law, and a heart for service. K.J. combines the ability to hear cases fairly and impartially with the ability to remember that the law is about people, not simply words on a page. He will be an excellent addition to our Supreme Court.

 

“On the Supreme Court, K.J. will join six talented, experienced jurists, and I am confident he’ll fit right in. His capacity to untangle complex legal issues and communicate them clearly and concisely will serve the court and our state well for years to come.”

 

Wall is a partner with Forbes Law Group, where he regularly represents rural hospitals and other clients in courts throughout the state. From 2013 to 2015 he served as Deputy General Counsel to the Kansas Supreme Court, handling capital cases and special projects. Before working for the Kansas Supreme Court, Wall had been a private practice litigator in Colorado and was Senior Counsel at Federated Insurance in Owatonna, Minn.

 

Wall was an All-American and national-champion debater at Kansas State University, where he studied communications, graduating in 1993. After receiving his masters in rhetoric at the University of Minnesota in 1996, Wall attended the University of Kansas School of Law, where he graduated Order of the Coif in 2001. Wall began his legal career as a law clerk to United States District Judge John W. Lungstrum.

 

Wall also has been active in his community, as a member of the Kansas Bar Association’s Appellate Practice Committee, a member of the public school board in Owatonna Minnesota, a member of the board of directors of the River Bend Nature Center in Faribault, Minn. and a member of the Weld Food Bank in Weld County, Colo.

  

“I’m blessed to have the support of my family and am thankful for the confidence Governor Kelly and the Supreme Court Nominating Commission have placed in me as I embark on this new challenge,” Wall said. “I promise that every day I will work to ensure that the law is applied fairly and impartially. I hope to continue the legacy of fairness, independence and character that Judge Lungstrum, Chief Justice Nuss and countless other mentors have instilled in me over the years.

 

“Kansas has always been home, and I can think of no better way to serve my state than serving alongside the six dedicated, brilliant justices on our Supreme Court.”

 

Kansas Supreme Court Justices are appointed through a merit-based nomination process. When there is a vacancy on the court, the Supreme Court Nominating Commission submits the names of three nominees to the Governor, and the Governor then has 60 days to make the appointment.  

 

To be eligible, a nominee must be at least 30 years old and admitted to practice in Kansas and engaged in the practice of law for at least 10 years, whether as a lawyer, judge or full-time teacher at an accredited law school.  

 

Every justice must stand for a retention vote in the general election following their first year of service on the court. If retained by voters at that time, they then face retention votes every six years for as long as they serve on the bench.

 

Government, Kansas, Uncategorized

Senator Hilderbrand’s Weekly Newsletter March 6

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State senatorRichard Hilderbrand13th district
Communications From The State Capitol
March 6, 2020 ∙ Week Eight
HARD FACTS
The Budget
·      The Governor’s budget sets a new record of spending from the state general fund at $7.8 billion. That’s an $800 million increase from 2019.
·      KPERS executive director Alan Conroy estimated the Governor’s proposal to re-amortize the employee pension plan would cost more than $4.4 billion in additional contributions over the next 25 years.
·      Although Governor Kelly promotes “Closing the Bank of KDOT,” sweeps from 2019 &2020, total $838 million. http://www.kslegresearch.org/KLRD-web/Publications/Transportation/SHF_xfersFY2011-FY2020Apprvd2019and2020.pdf
·      Governor Kelly’s proposed budget calls for a tax on “all sales of digital property,” which starting in July of 2020, would cost taxpayers an estimated $26.7 million in state taxes.
Kansas Talking Books Week is March 1-7
The Kansas Talking Books program, a division of the State Library of Kansas, provides library materials in a specialized format to any Kansas resident with a visual or physical impairment that makes reading difficult. This no-charge service includes fiction and nonfiction in braille or audio format, magazines in braille or audio, plus descriptive videos. A simple application is available at https://kslib.info/talking-books. A signature from a certifying authority such as a medical doctor, optometrist, or librarian is needed. If you or someone you know would like information, please visit the Kansas Talking Books website https://kslib.info/talking-books or call 620-341-6280 or 1-800-362-0699.
FLOOR ACTION
March 5, 2020
The following bills all received unanimous support and were passed Yea: 40 Nay: 0
SB 255 continues a 2007 commitment by the legislature to provide $5 million per year in support to The University of Kansas for obtaining the National Cancer Institute’s (NCI) Clinical Cancer Center Designation. This funding has served as a critical resource for The University of Kansas Cancer Center.
An NCI-Designated Cancer Center must demonstrate scientific leadership, resources, and capabilities in laboratory, clinical, or population science. It must also demonstrate reasonable depth and breadth of research in each of three major areas: laboratory, clinical, and population-based research. The University of Kansas Cancer Center met these rigorous standards and was awarded an NCI Clinical Cancer Center designation in 2012.
The bill asks the legislature to appropriate an additional $5M annually to the KU Cancer Center. This additional money will be used for KU Cancer Center to achieve the most prestigious designation known as the Comprehensive Cancer Center Designation. The KU Cancer Center will apply for Comprehensive Designation in 2021.
Comprehensive Cancer Center Designation is only awarded to cancer centers which are recognized for their trailblazing research and leadership in developing cutting-edge treatments. For KU Cancer Center, becoming one of only 51 centers in the U.S. with this comprehensive designation means access to more research dollars, attracting internationally renowned researchers and physician-scientists. This appropriation and designation will continue the urgent journey to break the devastating grip of cancer.
SB 140 establishes income tax and privilege tax credits for contributions to the Eisenhower foundation. Senate Bill 140 would allow a taxpayer, Corporation, or Financial Institution to receive a new tax credit for 50.0 percent of certain contributions made to the Eisenhower Foundation for tax years 2019-2023. Individual income taxpayers would only be allowed to claim up to $25,000 per tax year. Corporations and Financial Institutions would be able to claim $50,000 per tax year on income or privilege tax. The total amount of credits claimed in any fiscal year would be limited to $350,000
The following bill was passed Yea: 35 Nay: 5
SB 409 makes permanent the quality care assessment imposed on skilled nursing care facilities. This is a technical bill to push back the sunset (expiration) of the Nursing Quality Care Assessment from July 1, 2020 to July 1, 2030. (I voted no on this bill. This bill allows a bed tax for nursing home patients.)
The following bill was passed Yea: 31 Nay: 9
SB 225 amends the hospital provider assessment rate and uses and membership of the healthcare access improvement panel.(I voted no on this bill. This bill increases the tax for all inpatient hospital procedures from 1.83% to 3.0%, and adds a 3.0% tax for all outpatient hospital procedures.)
The Appointment of David Weishaar, Kansas Adjutant General, was confirmed Yea: 40 Nay: 0
The Senate Committee on Federal and State Affairs heard the nomination of David Weishaar on February 20. He succeeds Major General Lee Tafanelli, who has served as Adjutant General since January 28, 2011 and who retires March 31, 2020.  In Kansas, the adjutant general is the top military advisor to the governor, leads the state’s 7,100-person Army and Air Guard operations and directs the state’s division of emergency management and homeland security.
ABOUT OUR NEW ADJUTANT GENERAL
Prior to his appointment, Brigadier General David Weishaar served as the Director of Joint Staff, Kansas National Guard, Chief of Staff- Air, Commander, Kansas Air National Guard and most recently became dual hatted as the Air National Guard Assistant to Commander, Air Force Sustainment Center, Air Force Materiel Command, Tinker AFB.
He initially entered the Air Force in January 1981 as an aircraft maintenance specialist. He separated from the active duty Air Force and joined the Kansas Air National Guard in 1985. He held various positions in the aircraft maintenance arena until his commissioning through the Academy of Military Science as a Distinguished Graduate in 1996. In the past 15 years in the Air Guard at McConnell Air Force Base, he commanded the 184th Intelligence Wing, 184th Mission Support Group, 299th Network Operations and Security Squadron, and the 127th Command and Control Squadron.
Brig. Gen. Weishaar’s awards and decorations include the Legion of Merit, Air Force Meritorious Service Medal with six oak leaf clusters, Air Force Commendation Medal with oak leaf cluster, Air Force Achievement Medal with three oak leaf clusters, Air Force Outstanding Unit Award with six oak leaf clusters, National Defense Service Medal with one device, Global War on Terrorism Service Medal, and Armed Forces Services Medal among many others.
THANK YOU, GENERAL TAFANELLI!
Before giving his final report on the activities and status of the Adjutant Generals Department, General Tafanelli said, “For the past nine years, I have had the great privilege and honor and solemn responsibility to serve as the Adjutant General, and for that I am forever grateful as it has been a distinct pleasure and the greatest honor to serve as Adjutant General.”
Later, when reflecting on his interactions with counterparts across the country, he shared that “I always return home thankful for the clear and enduring support that the Kansas Legislature shows our troops and our civilians while working hard to make sure that our families sleep safely at night.” He closed by expressing his full and complete support for the nomination of David Weishaar.
Prior to his appointment as adjutant general, Tafanelli assumed the position of assistant adjutant general – Army, Kansas Army National Guard, and commander of the Land Component for the Joint Force Headquarters-Kansas in 2010. Tafanelli joined the Kansas Army National Guard in 1980 and was commissioned as a second lieutenant in the Corps of Engineers through Pittsburg State University’s ROTC program in 1982.
Maj. Gen. Tafanellli’s awards and decorations include the Bronze Star Medal, Meritorious Service Medal with two bronze oak leaf clusters, Army Commendation Medal with two bronze oak leaf clusters, Army Achievement Medal with oak leaf cluster, National Defense Service Medal with bronze service star, Global War on Terrorism Medal, and Iraq Campaign Medal among many others.       Click here to listen to the committee audio.
YET ANOTHER KANSAS SUPREME COURT DECISION IS STRICKEN BY HIGH COURT
The United States Supreme Court has once again overturned a decision made by the Kansas Supreme Court. The case, Kansas v. Garcia, 17-834, centered around the issue of whether or not the state can prosecute illegal immigrants who use false identifying documents to secure employment.
In 2017 the state Supreme Court ruled the federal government is the sole authority allowed to prosecute such cases and threw out state convictions of three immigrants who had used false information on certain employment forms, like the I-9. However, this week the high court, in a 5-4 decision, ruled that nothing in federal immigration law prevents states from going after immigrants who use false documents and numbers.
In the U.S. Supreme Court’s decision, Justice Samuel Alito wrote “The mere fact that state laws like the Kansas provisions at issue overlap to some degree with federal criminal provisions does not even begin to make a case for” the state having to forgo prosecution.
More information can be found at https://apnews.com/8f345352b9e3d4aa8539b22c17be061f.
COMMITTEE UPDATES
SHOULD STUDENT-ATHLETES RECEIVE COMPENSATION?
On Wednesday, the Commerce Committee held a hearing on SB 474, which would allow student-athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation if 15 other states adopt similar legislation.
The practice goes against current NCAA rules, but about 30 states are addressing legislation to make it possible. Examples include student-athletes being paid to autograph memorabilia, accepting gifts or meals or even signing outright endorsement deals similar to what professional athletes receive.
Erinn Barcomb-Peterson, a spokeswoman for KU, said the Senate bill was a reaction to other states saying, “Senate Bill 474 does not intend to put Kansas universities in the forefront of this evolving policy matter, but rather simply seeks to ensure Kansas student-athletes aren’t disadvantaged relative to their peers in other states.”
“Recruiting is one of our biggest challenges for our student-athletes. We’re not the NBA, MLB or NFL where you get drafted. You choose where you go,” said K-State Athletics Director Gene Taylor.
Matt Lindsey of the Kansas Independent College Association testified neutral to the bill but requested, if the committee works the bill, he would like it to include a measure that would allow smaller institutions to opt-out if they don’t have the funding or resources to participate in the agreement.
SEDGWICK COUNTY CONSIDERS REORGANIZATION POSSIBILITIES
On Thursday, the Ethics, Elections and Local Government Committee held a hearing on SB 406, which would authorize the formation of a charter commission to study and propose possible reorganization to the Sedgwick County government. The bill essentially forms the commission and gives different Sedgwick county organizations and the Kansas House and Senate the authority to appoint its members.
SUNDAY MORNING BUZZ: FED AND STATE CONSIDERS EXTENDING SUNDAY LIQUOR SALES
SB 456, which was heard by the committee on Federal and State Affairs Thursday, would change the start time for liquor sales on Sunday morning from 12 noon to 9 a.m. No other changes to statute are made through this bill.
COMMITTEE LOOKS TO CRACK DOWN ON ASSAULT OF A CORRECTIONAL OFFICER
On Thursday, the Senate Judiciary Committee held a hearing on SB 413 which considers adding penalties for assault or battery of corrections officers at private, state-contracted prisons that would be equal to similar offenses against officers in state-run prisons. The costs of such a change are hard to determine due to the impossibility of estimating the number of new court cases that might follow.
CALENDAR
Monday, March 9
Ø Final action: SB 474 — Permitting student athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation when 15 other states adopt similar legislation. (8:30, Commerce, 548-S)
Ø Final Action: SB 375— Providing for the FORWARD transportation program. (10:30, Ways and Means, 548-S)
Ø Hearing: HB 2515 — Creating the Kansas promise scholarship program.(1:30, Education, 144-S)
Ø 2:30 p.m. session
Tuesday, March 10
Ø Hearing: HB 2451 — Amending Kansas department of agriculture division of animal health license, permit and registration renewal deadlines.(8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: HB 2462 — Updating provisions related to the Kansas department of agriculture division of conservation.(8:30, Agriculture and Natural Resources, 159-S)
Ø Possible final action: HB 2506 —Expanding the military spouse and servicemember’s expedited licensure law to certain other license, certificate or registration applicants. (8:30, Commerce, 548-S)
Ø Hearing: SCR 1601 — Constitutional amendment eliminating transfers from the state highway fund.(8:30, Transportation, 546-S)
Ø Hearing: SB 360 — Authorizing certain sales taxation authority for the Sherwood improvement district. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: HB 2118 — Providing income tax credits for aerospace and aviation program graduates and their employers. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: HB 2509— Vacating certain blocks in the original town plat set aside for a college and a park of the city of Americus and vesting fee simple title in the city.(9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: HB 2510— Special districts may be dissolved and responsibilities assumed by a city.(9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: HB 2583— Clarify the vacation of territory from city boundaries or release of easements. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: HB 2479— Codifying the NAIC corporate governance model regulation into statute. (9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing: SB 467 — Creating a statewide alert program for missing military members. (10:30, Federal and State Affairs, 144-S)
Ø Hearing: SB 468 — Providing the state fire marshal with law enforcement powers and requiring an investigation of deaths resulting from fire. (10:30, Federal and State Affairs, 144-S)
Ø Hearing: HB 2429— Adding a public defender to the Kansas criminal justice reform commission. (10:30, Judiciary, 346-S)
Ø Hearing: HB 2447— Changing how two-way electronic audio-visual communication is used in courts. (10:30, Judiciary, 346-S)
Ø Hearing: HB 2448— Changing penalties for crimes related to motor vehicles. (10:30, Judiciary, 346-S)
Ø Hearing: HB 2449— Changing the requirements for board of indigents’ defense services appointments. (10:30, Judiciary, 346-S)
Ø Hearing: SB 274— Eliminating KPERS working-after-retirement employer contribution requirement when first employing retirees aged 65 or older. (10:30, Ways and Means, 548-S)
Ø Hearing: HB 2346 — Relating to standards for school-administered vision screenings.(1:30, Education, 144-S)
Ø Hearing: HB 2487 — Including emotional disability rather than emotional disturbance in the definitions of “children with disabilities” and “individuals with disabilities.”(1:30, Education, 144-S)
Ø 2:30 p.m. session
Wednesday, March 11
Ø Hearing: SB 435 — Providing for the use of personal package delivery devices on sidewalks and crosswalks, exempting such devices from motor vehicle regulation and preempting additional municipal regulation. (8:30, Commerce, 548-S)
Ø Hearing: SB 459 — Creating the distracted driving violation and prohibiting the use of a wireless telecommunications device while operating a motor vehicle. (8:30, Transportation, 546-S)
Ø Hearing: SB 338 — Allow municipalities to adopt an alternate budget procedure. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: SB 414 — Exempting grocery stores from sales tax assessments for community improvement district. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: SB 457 — Requiring use of the soil survey version dated September 16, 2019, for mapping agricultural land for property tax purposes. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: SB 462 — Prohibiting disclosure by the secretary of revenue of certain sales and use tax information to taxing officials of other states. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: SB 454— Creating exemptions in the open records act for election security records and cyber security records. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 458— Increasing the compensation of members of the state banking board. (9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing: SB 407— Requiring the Kansas department for aging and disability services to operate acute psychiatric inpatient beds for children in Hays and Garden City. (9:30, Public Health and Welfare, 118-N)
Ø Hearing: HB 2646— Allowing the attorney general to coordinate training for law enforcement agencies on missing and murdered indigenous people. (10:30, Federal and State Affairs, 144-S)
Ø Hearing: HB 2521— Enacting the revised uniform athlete agents act. (10:30, Judiciary, 346-S)
Ø Hearing: SB 368— Transferring $268,412,000 from the state general fund to the Kansas public employees retirement fund in FY 2020 and eliminating certain level-dollar KPERS employer contribution payments. (10:30, Ways and Means, 548-S)
Ø Hearing: HB 2503— Authorizing the transfer of $268,412,000 from the state general fund to the KPERS fund during fiscal year 2020 and eliminating certain level-dollar employer contribution payments. (10:30, Ways and Means, 548-S)
Ø Hearing: SB 418— Requiring the joint committee on information technology to meet on a monthly basis. (10:30, Ways and Means, 548-S)
Ø Hearing: HB 2540 — Requiring moneys attributable to at-risk student weighting be expended for approved at-risk educational programs.(1:30, Education, 144-S)
Ø 2:30 p.m. session
Thursday, March 12
Ø Hearing: HB 2464 — Updating egg repacking requirements for retailers.(8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: HB 2432 — Creating the Kansas pesticide waste disposal program and allowing up to $50,000 to be transferred annually from the Kansas agricultural remediation fund to a new Kansas pesticide waste disposal fund.(8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: HB 2507 — Liability protection for businesses that participate in high school work-based learning programs. (8:30, Commerce, 548-S)
Ø Hearing: HB 2420 — Allowing military surplus vehicles to register with the division of vehicles for road use. (8:30, Transportation, 546-S)
Ø Hearing: SB 396 — Discontinuing apportionment of countywide retailers’ sales tax imposed for general purposes between the county and cities located therein. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: SB 460 — Increasing the sales tax collection thresholds relating to time frames for filing returns and paying sales tax by certain retailers and providing that electronic filing is not required for certain retailers. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: HB 2466 — Enacting the Kansas taxpayer protection act; requiring the signature and tax identification number of paid tax return preparers on income tax returns; authorizing actions to enjoin paid tax return preparers from engaging in certain conduct. (9:30, Assessment and Taxation, 152-S)
Ø Hearing: HB 2452— Providing certain KP&F tier II spousal and children’s benefits for death resulting from a service-connected disability. (9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing: HB 2500— Amending the Kansas power of attorney act regarding the form of a power of attorney and the duties of third parties relying and acting on a power of attorney. (10:30, Judiciary, 346-S)
Ø Hearing: SB 437 — Enacting the Kansas electricity bill reduction bonds act and authorizing the state corporation commission to issue securitized ratepayer-backed KEBRA bonds for electric utility property.(1:30, Utilities, 548-S)
Ø 2:30 p.m. session
Friday, March 13
Ø Final action: HB 2462 — Updating provisions related to the Kansas department of agriculture division of conservation. (8:30, Agriculture and Natural Resources, 159-S)
Ø Final action: HB 2451 — Amending Kansas department of agriculture division of animal health license, permit and registration renewal deadlines. (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: HB 2702 — Decoupling the KIT and KIR workforce training programs from the high-performance incentive fund program and enhancing the workforce training tax credit. (8:30, Commerce, 548-S)
Ø 8 a.m. session
Thank You for Engaging
Thank you for all your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.
Please know that I am fully committed to addressing the current issues in our state, and I am proud to be your voice in the Kansas Senate.
Government, Kansas

Legislative Update By State Senator Caryn Tyson

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Caryn Tyson

 

March 6, 2020

 

It’s a good thing it happened…  The U.S. Supreme Court has just reversed the Kansas State Supreme Court once again.  This time it was because the Kansas Supreme Court ruled that the state could not prosecute illegal immigrants for identity theft using a stolen Social Security Number (SSN).  In 2017, the Kansas Supreme Court had thrown out three state convictions of identity theft saying it is a federal issue; and not a state issue, because they are illegal immigrants.  Thankfully, the U.S. Supreme Court reversed the ruling.  The U.S. Court Opinion stated the Kansas Court’s, “interpretation is flatly contrary to standard English” and “…strange consequences would ensue.”  The U.S. Opinion is posted at https://www.supremecourt.gov/opinions/19pdf/17-834_k53l.pdf

 

Legislation 101 Senate Bill (SB) 294, the bill we are following in these updates, that brings transparency to your property tax increases, sits in the House Tax Committee.  I reached out to the Chair in hopes that the bill will be scheduled for a hearing.  He does plan to have a hearing, but has not decided a date.

 

The Senate worked four bills on the floor.

SB 255 would provide $10 million in funding for the University of Kansas Cancer Center in hopes that they will obtain the National Cancer Institute’s (NCI) Clinical Cancer Center Designation, providing access to more research dollars and attracting researchers and cancer physicians.  The bill passed unanimously.

 

SB 140 would establish an income tax credit for contributions made to the Eisenhower Foundation, used to support the Dwight D. Eisenhower Presidential Library in Abilene.  The bill passed unanimously.

 

SB 409 would increase the tax on nursing home beds in order to get more federal money.  The problem with this bill is it raises taxes on all beds, including those who are paying themselves.  Those who are on government assistance in a nursing home are not impacted because the government pays the tax increase.  The bill passed 35 Yes to 5 No.  I voted No.

 

SB 225 is similar to SB 409 in the manner that it increases hospital provider assessment rates in order to get more federal tax dollars.  During the debate, it was stated that, “this would only impact Medicaid patients” but that was not correct.  More debate exposed the tax would be on all patients and that the tax “will have an automatic insurance rate increase…  The more government gets involved the more expensive things get.”  The bill passed 31 Yes to 9 No.  I voted no.

 

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

Caryn

…

Government, Health Care, Kansas

COVID-19 in Johnson County

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Presumptive-Positive COVID-19 Case Identified in Kansas

 

The Kansas Department of Health and Environment (KDHE) is confirming its first presumptive-positive case of COVID-19 in Kansas. The possible case was identified today with testing sent to KDHE’s Kansas Health and Environmental Laboratories (KHEL). KHEL, which is approved by the Centers for Disease Control and Prevention (CDC) to perform COVID-19 testing, found presumptive-positive results this afternoon. These results will be verified by the CDC lab but will be treated as positive unless determined otherwise.

 

“Kansas has been prepared for positive cases of novel coronavirus and will continue to work alongside local and federal public health partners in addressing the potential spread of the virus,” Governor Laura Kelly said. “It is our main priority to keep Kansans healthy and safe. We want Kansans educated on all aspects related to COVID-19.”

 

The case is located in Johnson County and the patient is currently in home isolation, following the guidance of the CDC. KDHE continues to work with the local health department and CDC to identify and contact people who may have come into contact with the individual while they were infectious, and will monitor them for fever and respiratory symptoms. The patient is a female under the age of 50 years old. No other information will be provided about the patient.

 

“We continue to monitor the situation closely. In the meantime, the general public can help. Please practice proper public health hygiene,” Dr. Lee Norman, Secretary of KDHE, said. “Wash your hands and stay home if you’re sick.”

 

On March 4, Governor Kelly announced the administration’s robust, comprehensive preparedness plan in the event of a positive test result.

 

Under Governor Kelly’s direction, KDHE and KDEM are:

  • in constant communication with local hospitals and health departments, coordinating with local, state and federal public health partners;
  • preparing for emergency management situations on a regular basis, with staff who have decades of experience in developing responses and preventative measures for any situation;
  • continuing to work with federal, state and local partners to maintain awareness of national and international COVID-19 trends and strategies.

 

 

The 2019 novel coronavirus infections initially were diagnosed in Wuhan City, China and have been reported in 60 locations internationally, including the United States. There are a number of unknowns with the virus, including how long people are considered contagious. KDHE, along with our community partners, continues to investigate this illness. Treatment for individuals with confirmed cases is supportive care.

 

If you have recently traveled to China, Iran, Italy, Japan and South Korea and have developed fever with lower respiratory symptoms including cough and shortness of breath within 14 days of your travel, or have had contact with someone with a laboratory-confirmed case of COVID-19, stay home and call your healthcare provider. You may also call the KDHE phone bank at 1-866-534-3463 (1-866-KDHEINF) today, Saturday, March 7 from 6-8 p.m. and on Sunday, March 8 from 9 a.m.–5 p.m.

 

For more information about COVID-19, visit KDHE’s website and Frequently Asked Questions at www.kdheks.gov/coronavirus/  and www.cdc.gov/coronavirus/ .

 

ADDITIONAL RESOURCES

 

This situation is constantly evolving and changing. For the most up-to-date information, please use the following links from KDHE and the CDC:

 

 

Government, Kansas

Grants For Violence Against Women

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Governor Kelly Announces Grant Awards

for the Federal STOP Violence Against Women Act

and the Federal Sexual Assault Services Program

 

Governor Laura Kelly today announced more than $2 million in grants have been awarded to improve the response to victims of domestic violence, sexual assault and stalking.

 

“I’m proud to announce more than $2 million grants awarded to our Kansas communities,” Kelly said. “These grants provide essential services to survivors and strengthen our support systems throughout the state. Many victims – oftentimes women – experience serious, life-threatening situations. These crimes are far reaching and pervasive in our society and it is our responsibility as leaders to do all we can to ensure the safety of our families, friends and our communities.”

 

The Federal Services, Training, Officers and Prosecutors Violence Against Women Formula Grant Program (STOP VAWA) supports communities in their efforts to develop and strengthen effective responses to sexual assault, domestic violence, dating violence and stalking.

 

Funds are used for:

  • law enforcement and prosecution strategies to combat violent crimes against women;
  • development and strengthening of victim services organizations; and
  • promoting a coordinated community response to victims of domestic violence, dating violence, sexual assault and rape and stalking.

 

Law enforcement agencies, prosecution offices, courts and nonprofit victim organizations received funds for calendar year 2020.

 

The Federal Sexual Assault Services Program (SASP) funding is dedicated to the provision of direct intervention and related assistance for victims of sexual assault and their families. These funds support sexual assault and rape crisis centers providing services to victims and survivors.

 

Funds are made available through the U.S. Department of Justice, Office on Violence Against Women.

 

2020 STOP VAWA Grant Awards
County Organization Name Grant Award
Barton Family Crisis Center $41,968
Douglas Douglas County District Attorney’s Office $70,968
Douglas The Sexual Trauma and Abuse Care Center $46,525
Douglas The Willow Domestic Violence Center $45,252
Ellis Northwest Kansas Community Corrections $35,000
Ellis Options: Domestic and Sexual Violence Services $16,211
Geary Crisis Center, Junction City Domestic Violence Task Force $61,466
Harvey City of Newton Municipal Court $45,478
Harvey Harvey Co. Domestic Violence/Sexual Assault Task Force $55,647
Harvey Newton Police Department $63,186
Jackson Jackson County Sheriff’s Office $50,960
Jackson Prairie Band Potawatomi Nation $80,236
Johnson 10th Judicial District Court $51,773
Johnson Gardner Police Department $57,471
Johnson Safehome $44,974
Lyon SOS $32,774
Riley Crisis Center, Riley Co. Domestic Violence Task Force $54,416
Riley Riley County Police Department $9,000
Sedgwick Catholic Charities, Harbor House $45,065
Sedgwick Kansas Braille Transcription Institute $27,147
Sedgwick Wichita Area Sexual Assault Center $106,976
Shawnee Kansas Attorney General’s Office $227,638
Shawnee Kansas Bureau of Investigation $60,249
Shawnee Kansas Coalition Against Sexual & Domestic Violence $70,034
Shawnee Kansas Department of Corrections $66,708
Wyandotte Unified Government Legal Department $79,554
Wyandotte Unified Government District Attorney’s Office $135,504
  TOTAL $1,682,180

 

 

2020 SASP Grant Awards
County Organization Name Grant Award
Douglas The Sexual Trauma and Abuse Care Center $73,088
Finney Family Crisis Services $23,536
Harvey Harvey Co. Domestic Violence/Sexual Assault Task Force $52,399
Lyon SOS $21,711
Sedgwick Wichita Area Sexual Assault Center $77,578
Shawnee YWCA Center for Safety & Empowerment $55,746
Wyandotte Metropolitan Organization to Counter Sexual Assault $84,209
  TOTAL $388,267

 

 

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Business, Government, Kansas

Kansas Exports Increase in 2019

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Topeka, Kan. – Kansas exports totaled $11.6 billion in 2019, up 0.25 percent over 2018. Nationally, U.S. exports experienced a 1.25 percent decline during the same period.

 

“Seeing Kansas exports rise in the face of global headwinds like trade disputes, aviation difficulties and Brexit is heartening, and Kansans should be proud they are outperforming the national trend,” said Kansas Secretary of Commerce David Toland.

 

“Governor Kelly and I are committed to Kansas’ success in an increasingly competitive global economy,” Toland added. “The Governor’s reestablishment of the International division at the Department of Commerce and the continued investment in key programs that benefit Kansas exporters are having a positive impact on our exports.”

 

The combined value of the top ten exported commodities was $9 billion. The largest gains were seen in the cereals, electric machinery and vehicle and parts categories, which increased by $93 million, $90 million and $80 million respectively.

 

In the five-state region which includes Kansas, Colorado, Missouri, Nebraska and Oklahoma, the average export value was $9.3 billion, $2.3 billion less than Kansas’ export total.

 

Highlights:

 

  • The top ten exported commodities accounted for 77.2 percent of total exports, nearly the same as last year’s data (77.4 percent).

 

  • Other than the cereals, electric machinery and vehicle categories, significant growth was seen in the optic and medical equipment category and the oil seeds category, which increased by $44 million and $32 million respectively.

 

  • Mexico continues to be Kansas’ largest export destination, totaling $2.2 billion. Compared with last year, exports to Mexico increased by $84 million or 4 percent.

 

  • Exports to Brazil increased by $87 million or 47.5 percent, making it Kansas’ ninth-largest export destination. The drastic increase came from the aircraft and parts sector, which grew by nearly $70 million.

 

  • Exports to China, the United Kingdom and Canada experienced significant declines, $103 million, $64 million and $61 million respectively. The decline was mainly caused by turbulence in trade deal negotiations, volatility in the aircraft and parts sector and slow growth in the global economy. Despite significant reductions, these three countries continue to be Kansas’ top export destinations, and the rank order remains largely unchanged. France and Australia dropped out of the top-10 list and were replaced by Brazil and Taiwan.
  • The top five export markets are Mexico, Canada, Japan, China and Germany. Combined, the group accounted for 53 percent of total exports. The top 10 markets accounted for 68 percent of total exports.

 

2019 Kansas Exports–Top 10 Markets

 

% of Total % Change Exports (Millions)
Country (with 2018 rank) KS Exports 2018-2019 2019 2018 2017
1 Mexico (1) 18.85% 4.00% $2,190 $2,106 $1,882
2 Canada (2) 16.24% -3.16% $1,886 $1,948 $2,512
3 Japan (3) 8.87% 2.21% $1,030 $1,008 $980
4 China (4) 4.76% -15.83% $553 $657 $706
5 Germany (6) 4.37% 7.06% $508 $475 $430
6 United Kingdom (5) 3.99% -12.22% $464 $528 $419
7 Republic of Korea (7) 3.40% -4.22% $395 $413 $282
8 Singapore (8) 3.17% 9.37% $368 $336 $256
9 Brazil (12) 2.33% 47.53% $271 $183 $207
10 Taiwan (11) 2.13% 8.43% $248 $229 $196
Top 10 Total 68.12% 0.39% $7,912 $7,882 $7,871
Total Kansas Exports 0.25% $11,615 $11,587 $11,244

 

 

 

2019 Kansas Exports Top 10 Commodity Classifications

 

  % of Total % Change Exports (Millions)
Commodity Classification KS Exports 2018-2019 2019 2018 2017
Aircraft and Parts 19.37% -5.52% $2,249 $2,381 $2,699
Meat and Edible Meat Offal 13.63% -6.54% $1,583 $1,694 $1,440
Industrial Machinery 9.22% -7.75% $1,071 $1,161 $1,029
Cereals 8.21% 10.85% $954 $860 $1,146
Electric Machinery 8.11% 10.60% $942 $852 $778
Special Classification Provisions 5.03% -2.72% $585 $601 $408
Oil Seeds 4.92% 6.08% $571 $539 $439
Vehicles and Parts 3.55% 24.33% $412 $331 $284
Optic and Medical Instruments 2.65% 17.10% $308 $263 $244
Food Industry Residues & Waste 2.48% 4.99% $288 $274 $280
Top 10 Total 77.17% 0.08% $8,963 $8,956 $8,748
Total Kansas Exports   0.25% $11,615 $11,587 $11,244

 

 

For more information visit https://www.kansascommerce.gov/programs-services/export/.

 

 

Government, Kansas

Senator Richard Hilderband’s Weekly Newsletter Feb. 28

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HARD FACTS
SENATE PROGRESS
·       The Senate passed a total of 56 bills this week.  The bills covered a wide range of Kansas topics including protecting women and girls from human trafficking, providing funding for at-risk school children, holding DCF accountable for the educational outcomes of foster care children, and allowing sports wagering in Kansas – just to name a few.
GAMBLING ADDICTION:
·      The National Gambling Impact Study Commission estimates that the social costs due to gambling addictions in Kansas are $55,230,000.
·      Additional research shows $1 in problem gambling services saves $2 in social costs.
·      Research shows 75% of problem gamblers also have co-occurring substance abuse and mental health disorders, including smoking, alcohol use and abuse, drug use and abuse, depression, and suicidal behavior.
·      The 2017 Kansas Gambling Survey found that a significantly higher percentage of participants that fell into the high-risk category for a gambling disorder (52%) reported having thoughts of suicide compared to the 26.3% in the moderate category and 14.9% of the low risk category.
·      A 2007 statute mandates for 2% of gambling revenue to be attributed for problem gambling yet that fund has never been allocated more than 8% (.0016) of the 2% it’s supposed to receive.
§ A vote expanding the Senate Sports Wagering bill allows Governor Kelly to use gaming revenue as a piggy bank for non-addictions related spending. Just like she wanted to do with KPERS.
§ The Governor chose not to fund many of the enhancement requests from DCF and KDADS, and we shouldn’t allow the Governor of this State to neglect the most vulnerable, just as she has been doing with our foster children.
Explora is an online resource available from the State Library’s web site: https://kslib.info/students. Click on the grade appropriate icon for assistance with Middle School or High School homework or class assignments. Explora delivers high-quality articles from reputable publishers with no pop-ups or ads. Reading level indicators allow selection of material that matches students’ reading abilities. Broad topic overviews provide students with a starting point for their research.
If the link above asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most schools and Kansans will be automatically recognized as being in Kansas and will not need this step.  Questions: [email protected] or 785-296-3296.
FLOOR ACTION
Since Thursday was the last day for non-exempt bills to be heard by the full Senate, this week’s floor action is jam-packed. This section is divided by the date of final action, and full reports of floor action can be found in the corresponding Senate calendars.
February 24
Debate occurred February 24 and Final Action on February 25
The following bills all received unanimous support and were passed Yea: 40 Nay: 0
SB 290 Updating how the securities commissioner may be appointed and removed.
SB 297 Requiring appraisal directives to require compliance with uniform standards of professional appraisal practice in the performance of property tax appraisals
SB 331 Authorizing department of corrections employees, local correctional or detention officers, judicial branch employees, and municipal court employees to have identifying information restricted from public access on public websites that identify home addresses or homeownership.
The following bill was passed Yea: 39 Nay: 1
SB 334  Modifying certain rules of evidence in the code of civil procedure related to authentication of records and documents.(I voted against this bill. It allows hearsay evidence to be introduced in certain court proceedings.)
The following bill was passed Yea: 38 Nay: 2
SB 390 Creates exceptions to the law requiring license plates be attached to the rear of motor vehicles. Authorizes placement of license plates on either the front or rear of a vehicle used as a concrete truck. An amendment was adopted to require the license plate for a vehicle used as a dump truck to be placed on the front of the vehicle and to require warning citations be issued for violations of that requirement until January 1, 2021.(I voted in favor of this bill.)
The following bills were passed Yea: 37 Nay: 3
SB 153 Providing for department of health and environment response operations for water and soil pollutant release, discharge or escape.(I voted against this bill. It will expand the authority of KDHE, and allow them to increase fines and penalties.)
SB 307 Updating approved types of personal flotation devices.(I voted against this bill. It expands the authority of KDWPT, and it removes some legislative oversight.)
SB 354 Amending the private and out-of-state postsecondary educational institution act clarifies the state board of regents’ authority and provides additional student protections and institutional accountability.(I voted against this bill. It expands the role of the Board of Regents and allows them oversight of private colleges.)
The following bill was passed Yea: 36 Nay: 3
SB 256 Repealing certain statutes regarding elections that pertain to the presidential preference primary; certain election-related contributions by corporations.(I voted against this bill. It removes the states ability to do it’s own enumeration for redistricting state and local offices. By doing this, the state will no longer have the ability to remove non-citiznes from the enumeration process, and would allow them to be counted in redistricting.)
February 25
Debate and Final Action occurred on February 25
The following bills all received unanimous support and were passed Yea: 40 Nay: 0
SB 42 Amending the meaning of the terms “rebate” and “interest” as used in the real estate brokers’ and salespersons’ license act.
Sub SB 126 Substitute for SB 126 by Committee on Utilities which exempts certain public utilities from Kansas income taxation and requires the filing of new retail electric rates in certain circumstances. An amendment was adopted to increase the amount of time a utility would have to file an application for new rates. This amendment also made small changes for clarification and technical purposes.
SB 264 Regarding the removal of persons from county appraiser eligibility list, maintained by the Director of Property Valuation, due to termination in one or more counties and for notification when a person no longer holds the office of appraiser. The bill stipulates the Director provide notice and opportunity for a hearing under the Kansas Administrative Procedure Act (KAPA) prior to removing their names from the eligibility list for certain acts or omissions. An amendment was adopted to remove a provision in the bill that would have specifically established termination from the office of county or district appraiser in one or more counties as one of the acts or omissions that would result in removal from the list.
SB 265 Requiring the state board of tax appeals to serve orders and notices by electronic means if requested by the party.
SB 272 Prohibiting county appraisers and the state board of tax appeals from increasing the valuation of county appraised property in valuation appeals.
SB 358 Providing that the highway patrol will provide the administration and oversight of state-certified ignition interlock manufacturers and their service providers.
The following bills all received unanimous support and were passed Yea: 39 Nay: 0
SB 294 As amended by the Committee on Assessment and Taxation, would establish, beginning in 2021, new notice and public hearing requirements for certain taxing subdivisions prior to property tax increases above a revenue-neutral rate and is intended to provide transparency in tax increases for Kansans.
The bill would not apply to school districts or to any taxing subdivisions receiving less than $20,000 annually in property taxes.
Senator Holland (D-Lawrence), offered two technical amendments that kept the spirit of the bill the same. Senator Holland’s third amendment passed and struck $20,000 and changed it to $5,000. Senator Berger and Senator Skubal (R-Overland Park), both offered amendments as well, but they failed by voice vote.
SB 339 Allows the Kansas Corporation Commission (KCC) to approve certain electric contract rates and associated cost recovery from all rate classes. An amendment was adopted to require the KCC to submit a biennial report, starting in January 2023, to the Legislature regarding utilities’ use of contract rates and discounted rates.(I am a cosponsor of this bill. I voted in favor of this bill.)
The following bill was passed Yea: 39 Nay: 1
SB 377 Designating a portion of K-7 as Senator Paul “Bud” Burke Memorial Highway.(I voted in favor of this bill.)
The following bill was passed Yea: 38 Nay: 1
SB 295 would provide that the appraised value of real property would not be increased solely as a result of normal repair, replacement, or maintenance of existing improvements on the property.  Senator Tyson (R-Parker) intends the law to encourage, rather than discourage, property owners to maintain their investment rather than have concerns the work would increase their property tax bills.(I am a cosponsor of this bill. I voted in favor of this bill.)
The following bill was passed Yea: 38 Nay: 2
SB 254 Concerning requirements of publication of certain documents by the secretary of state; relating to session laws, the Kansas register, proposed amendments to the constitution of the state of Kansas, and Kansas administrative rules and regulations and guidance documents.(I voted against this bill. It gives the Secretary of State authority to set prices on certain published items without any oversight.)
The following bill was passed Yea: 29 Nay: 11
SB 266 Requiring appraisal courses for county appraisers and BOTA members to be courses approved by the Kansas real estate appraisal board.(I voted in favor of this bill.)
February 26
Debate and Final Action occurred on February 26
The following bills all received unanimous support and were passed Yea: 39 Nay: 0
SB 404 Creating a process to terminate the parental rights of a person whose sexual assault of another has resulted in the conception of a child.
SB 420 as amended, will require individuals convicted of taking pictures of others in a state of undress without their knowledge to be listed on the sex offender register. The bill was introduced at the request of Senator Julia Lynn (R-Olathe). In the Senate Committee hearing, a representative of the Johnson County District Attorney’s Office and four private citizens testified in support of the bill, stating such incidents are increasing and the bill would simplify the process for requiring registration for such offenders.
SB 427 Reviewing and continuing expiring exceptions to the disclosure of public records under the open records act.
SB 262 State board of tax appeals; changing time to request full and complete opinion to be based on the date of service.
SB 289 Updating the version of risk-based capital instructions in effect.
SB 383 Providing for the American Legion, Knights of Columbus and proud educator distinctive license plates and providing for lowered license plate commitments and costs prior to production.
SB 221 The bill would allow a patron of a club and drinking establishment to remove one or more containers of beer, domestic beer, and cereal malt beverage sold on licensed premises and served in refillable and sealable containers for consumption off the licensed premises. It would allow the same for retail licensees. An amendment was adopted to specify all alcoholic liquor, cereal malt beverages, and non-alcoholic malt beverages sold by licensees under the bill would be subject to the 10% tax on gross receipts from the sale of alcohol.
SB 284 Providing motor vehicle disability placards for school districts and interlocal cooperatives.
SB 373 Modifying the crimes of selling sexual relations, promoting the sale of sexual relations and buying sexual relations by changing terminology from “sexual relations” to “a sex act.”
SB 382 Amending the capital improvement state aid schedule to exclude U.S.D. No. 207, Fort Leavenworth.
SB 271 Repealing the sunset provision for the high-density at-risk weighting.
The following concurrent resolution received unanimous support and was passed Yea: 37 Nay: 0
SCR 1614 states the Senate and House of Representatives of the State of Kansas support Kansas farmers, ranchers, and agribusinesses in the Rattlesnake Creek subbasin in protecting their water rights through collaboration with the Quivira National Wildlife Refuge to find a solution to an impairment complaint filed with the Kansas Department of Agriculture Division of Water Resources. The resolution also states the State of Kansas commends the U.S. Fish and Wildlife service for seeking a collaborative, non-regulatory approach to resolving the impairment complaint regarding the Quivira National Wildlife Refuge.
The following bill was passed Yea: 39 Nay: 1
SB 337 Expanding the provision of the ACT college entrance exam and workkeys assessments to students enrolled in nonpublic schools.(I voted against this bill. While the description of the bill stated that it expands the number of students that will be able to take the ACT’s, the actual wording in the bill actually restricts those numbers. If this bill would have actually expanded the number of students that would be eligible to take the ACT’s, I would have voted in favor of this bill.)
The following bill was passed Yea: 37 Nay: 3
SB 308The controversial raw milk bill, SB 308, was brought to a hearing on the full Senate floor Wednesday. As the bill was written, then amended by committee, the sale of raw milk, and its advertisement is legal in the state. The bill describes certain language requirements for the advertisement and packaging of raw milk products, particularly related to the potential adverse health effects of consuming unpasteurized milk.
The bill also contains a technical amendment to broaden the definition of milk to include all mammals.(I voted against this bill. It adds unnecessary and burdensome regulations.)
The following bill was passed Yea: 25 Nay: 15
SB 381 Authorizing medical student and residency loan assistance to encourage the practice of obstetrics and gynecology in medically underserved areas of the state.(I voted against this bill. I originally supported this bill as it was introduced. I changed to opposing this bill after the Senate Education Committee amended the bill to expand on what types of abortion procedures and OBGYN who receives a tax payer funded scholarship can provide, and still be able to keep their scholarship.)
The following bill was passed Yea: 23 Nay: 15 Present and Passing: 2
SB 283 Authorizing sports wagering under the Kansas expanded lottery act. Six amendments were brought on the floor but only one passed.(I voted against this bill. I have seen first hand how the negative effects of gambling addictions can have on a person and their families.)
The amendment, brought by President Wagle, ensured that 2% of the state’s assessed tax, would be transferred to the Problem Gambling Additions Grant Fund. Senator Wagle found that although the provision was made in other areas of gaming laws, unclear phrasing of the law allowed the funds to be used for other purposes. The amendment added the 2% provision to sports wagering tax collections, like other gaming collections and also put guardrails in place to require Kansas leaders to use the money to help gambling addictions or to treat alcoholism, drug abuse, or other co-occurring behavioral health disorders.(This amendment passed on a voice vote. I voted in favor of this amendment.)
I submitted an amendment that would have used the new funds the state would receive from this bill, to be used to payoff KPER’s unfunded liability. This amendment failed on a roll call vote.
Senate – Committee of the Whole – Amendment by Senator Hilderbrand was rejected – 02/26/2020
On roll call the vote was:
Yea – (11):
Billinger, Hilderbrand, Masterson, Miller, Olson, Petersen, Pyle, Rucker, Thompson, Tyson, Wilborn,
Nay – (24):
Alley, Berger, Bollier, Bowers, Braun, Denning, Doll, Estes, Faust-Goudeau, Francisco, Goddard, Haley, Hardy, Hawk, Hensley, Holland, Kerschen, Longbine, Lynn, McGinn, Skubal, Sykes, Taylor, Ware,
Present and Passing – (4):
Baumgardner, Givens, Pettey, Suellentrop,
Absent and Not Voting – (1):
Wagle,
Not Voting – (0):
February 27
Debate and Final Action occurred on February 27
The following bills all received unanimous support and were passed Yea: 39 Nay: 0
SB 253 Amending requirements for service of process on nonresident drivers and clarifying service of process on certain business entities.
SB 405 Amendments related to driving under the influence concerning motorized bicycle drivers’ licenses, ignition interlock devices and driving under the influence by any person less than 21 years of age.
SB 384 As amended the bill would require the Kansas State Department of Education (KSDE) and the Department for Children and Families (DCF) to prepare an annual academic report card on educational outcome data for foster care students. The bill would require the following data for foster care students to be included in the academic report card: graduation rate; number and percentage promoted to the next grade level; number and percentage suspended during the school year; number and percentage expelled during the school year; state standardized assessment scores and number and percentage meeting academic standards; number enrolled in preschool-aged at-risk programs; Kansas Preschool Pilot program, or early childhood special education program under the federal Individuals with Disabilities Act; total number of foster care students in the state; and how many students are enrolled in school districts and how many are enrolled in accredited nonpublic schools.
SB 371 Requiring posting of a human trafficking awareness notice approved by the attorney general in certain businesses and public places.
SB 319 Clarifying that bond agents are required to return certain people released on bond to the court in the county where the bond was issued.
SB 275 Eligibility requirements for restricted driving privileges and elimination of additional 90-day wait period of suspended or revoked licenses.
SB 267 Clarifying that a violation of the statute requiring secured vehicle loads is a traffic infraction.
SB 251 Allow businesses to elect to file certain business reports with the secretary of state annually, biennially or triennially.
SB 424 Amending certain provisions regarding business entities and business filings with the secretary of state, including business name, certain addresses, making revisions to certain statutory citations and extending the effective date of certain provisions pertaining to series of a limited liability company.
SB 292 Granting the commissioner of insurance flexibility in assessing certain excess lines coverage penalties.
SB 355 Prohibiting psychiatric or psychological examinations of victims of crimes.
SB 374 Allowing employees of salvage vehicle pools to perform vehicle identification number inspections.
The following bill was passed Yea: 37 Nay: 2
Sub SB 335 Substitute for SB 335 by Committee on Education – Authorizing school districts to pay the tuition for a student’s dual or concurrent enrollment in a post secondary educational institution and requiring a tuition waiver for foster children who are dually or concurrently enrolled.(I voted in favor of this bill)
The following bill was passed Yea: 36 Nay: 3
SB 345 Establishing requirements for the effective disposal of industrial hemp.(I voted no on this bill. This bill expands the role of the Department of Ag, and adds more fees, regulations, and licensing.)
The following bill was passed Yea: 35 Nay: 3
SB 230 Clarifying the authority of the Kansas commission for the deaf and hard of hearing.(I voted no on this bill. This bill will expand the role of DCF, and fees, regulations, and licensing.)
The following bill was passed Yea: 35 Nay: 4
SB 152 Authorizing the secretary of health and environment to collect underground injection control program fees and redirecting water well license program fees.(I voted no on this bill. This bill will expand the role of KDHE, and fees, regulations, and licensing.)
The following bill was passed Yea: 32 Nay: 6
SB 402 Updating producer licensing statutes pertaining to appointment, fees, licensing, renewal dates, continuing education, suspension, revocation and denial of licensure and reinstatement.(I passed on this bill. This bill directly effects my business and could be perceived as me having a conflict of interest on how I would have voted on this issue.)
The following bill was passed Yea: 31 Nay: 8
SB 380 Restricting cities and counties from imposing certain regulations and fees on a video service provider for the provision of communications service through a micro wireless facility.(I voted in favor of this bill.)
SB 293 Transferring duties concerning registration for charitable organizations and the address confidentiality program (safe at home) from the secretary of state to the attorney general.
Since Thursday was the last day for non-exempt bills to be heard by the full Senate, this week’s floor action is jam-packed. This section is divided by the date of final action, and full reports of floor action can be found in the corresponding Senate calendars.(I voted against this bill. This bill adds fees, and increases fees for charitable organizations.)
COMMITTEE UPDATES
Committees sent a final round of bills to the floor on Monday prior to three long days of debate on the Senate floor.
Thursday was the last day for non-exempt bills to be heard by their house of origin, or they are considered ‘dead’ for the session. After a very busy “Turnaround Day,” as Thursday is called, Senate President Susan Wagle (R–Wichita) stated she will not “bless” any bills, which would keep them alive for later debate.
The House did not work Thursday, instead the chamber blessed 35 bills to work at a later date.
The Senate began its first break, albeit a short one, of the legislative session on Friday, February 28. The Senate will resume normal business on Wednesday, March 4 with a 2:30 p.m. session.
Monday, March 2
Ø Legislature closed, no session
Tuesday, March 3
Ø No session
Wednesday, March 4
Ø Hearing: SB 474 — Permitting student athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation when 15 other states adopt similar legislation. (8:30, Commerce, 548-S)
Ø Hearing: HB 2595 — Eliminating the 30-day delay before offering state surplus property for sale to the general public. (10:30, Ways and Means, 548-S)
Ø Hearing: SB 385 — Supplemental appropriations for FY 2020 and FY 2021 for various state agencies. (10:30, Ways and Means, 548-S)
Ø Hearing: SB 386 — Appropriations for FY 2020, FY 2021 and FY 2022 for various state agencies. (10:30, Ways and Means, 548-S)
Ø Hearing: SB 317 — Calculating special education state aid amount based on the number of full-time equivalent special education teachers in the preceding school year. (1:30, Education, 144-S)
Ø 2:30 p.m. session
Thursday, March 5
Ø Hearing: HB 2501 — Allowing salvage vehicle pools to apply for ownership documents for vehicles that are disclaimed by insurance companies. (8:30, Transportation, 546-S)
Ø Hearing: HB 2524 — Updating motor carrier laws and regulation of motor carriers by the state corporation commission. (8:30, Transportation, 546-S)
Ø Hearing: SB 406 — Sedgwick county charter commission created to review and recommend changes regarding the structure of county government. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 423 — Establishing the Sedgwick county urban area nuisance abatement act. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 408 — Allowing consumption of beer and wine on the Kansas state fairgrounds and transferring monies collected from the liquor enforcement tax to the state fair capital improvements fund. (10:30, Federal and State Affairs, 144-S)
Ø Hearing: SB 456 — Sunday start time for the sale of liquor in retail liquor stores changed from 12 noon to 9 a.m. (10:30, Federal and State Affairs, 144-S)
Ø Hearing on: SB 416 — Requiring earlier notice of anticipated release from custody of a person who may be a sexually violent predator to the attorney general and a multidisciplinary team and specifying where such person will be detained during civil commitment proceedings. (10:30, Judiciary, 246-S)
Ø Hearing on: SB 413 — Applying assault and battery of a law enforcement officer to correctional officers and employees employed by private prisons. (10:30, Judiciary, 246-S)
Ø 2:30 p.m. session
Friday, March 6 (Pro Forma)
Ø 8 a.m. session
Thank You for Engaging
Thank you for all your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.
Please know that I am fully committed to addressing the current issues in our state, and I am proud to be your voice in the Kansas Senate.
Government, Kansas

Preparedness Urged For COVID-19 in Kansas

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No Confirmed COVID-19 Cases in Kansas, Kelly ensures state is ready

Governor Kelly, Secretary Norman, General Tafanelli urge preparedness

 

Governor Laura Kelly, along with Kansas Department of Health and Environment (KDHE) Secretary Dr. Lee Norman and Kansas Adjutant General Lee Tafanelli, director of the Kansas Division of Emergency Management (KDEM), today outlined a robust, comprehensive preparedness plan for COVID-19, also known as novel coronavirus.

 

“There are no confirmed cases in Kansas, but we are prepared,” Kelly said. “Currently, in Kansas, the overall risk of the virus is low, but that does not mean we can rest easy. We take this situation seriously. We can and will remain ready to respond swiftly and effectively, should the virus spread to Kansas.”

 

The Kelly administration is working closely with federal, state and local partners to maintain awareness of national and international trends related to the virus. KDHE currently is working on Kansas-specific guidance, based on information from the Centers for Disease Control and Prevention (CDC), to help local communities continue their preparedness efforts.

 

Under Governor Kelly’s direction, KDHE and KDEM are:

 

  • in constant communication with local hospitals and health departments, coordinating with local, state and federal public health partners;
  • preparing for emergency management situations on a regular basis, with staff who have decades of experience in developing responses and preventative measures for any situation;
  • continuing to work with federal, state and local partners to maintain awareness of national and international COVID-19 trends and strategies.

 

“The health and safety of every Kansan is our top priority and we are utilizing every tool at our disposal to continue monitoring the situation and ensure that we are ready to respond should that be necessary,” Kelly said. “The best way to protect yourself, your family and your friends against contracting the virus is to use good hygiene practices like washing your hands, coughing into your sleeve, avoid touching your eyes, nose and mouth and stay home if you’re not feeling well. It’s simple, but effective.”

 

Kansas has tested a few suspected cases of coronavirus, with no positive results as of today.

 

“Our KDHE lab now has the capability to test for cases of COVID-19, which will expedite the test results,” Dr. Norman said. “That means our state can respond quickly and effectively. Make no mistake — our team is experienced. They are highly trained and prepared to keep Kansans safe.”

 

The Kansas Health and Environmental Laboratories facility, in Topeka, was one of the first in the country to be certified by the CDC to test for COVID-19. When there is a Person Under Investigation, KDHE coordinates with the local health department and other stakeholders such as hospitals and clinicians to help coordinate sample collection and shipping to the KDHE Lab, which cuts the testing time for suspected cases down from days to hours.

 

The adjutant general outlined KDEM’s preparedness efforts as part of a coordinated state response.

 

“We stand ready to support county emergency managers for resources and technical assistance when needed,” Tafanelli said. “We have been coordinating, planning and participating in briefings with local, state and federal partners on a daily basis. We stand ready to respond.”

 

SYMPTOMS

 

Symptoms may include fever, cough, shortness of breath. These symptoms can develop 2-14 days after exposure. The symptoms can range from mild to severe – and in rare cases, have resulted in death.

 

If you have recently traveled to areas including China, Iran, Italy, Japan and South Korea and have developed fever with lower respiratory symptoms including cough and shortness of breath within 14 days of your travel or have had contact with someone with a laboratory-confirmed case of COVID-19, stay home and call your healthcare provider. You may also call the KDHE phone hotline number.

 

KDHE HOTLINE NUMBER: 1-866-534-3463 (1-866-KDHEINF)

 

PREVENTION

 

There is no current vaccine for COVID-19. However, there are ways to prevent the spread of this disease.

 

  • Wash your hands frequently with soap and water for at least 20 seconds
  • Cough into your sleeve and sneeze with a tissue, then throw the tissue in the trash
  • Clean and disinfect frequently touched objects and surfaces using regular household cleaning products
  • Stay home when you are sick

 

ADDITIONAL RESOURCES

 

This situation is constantly evolving and changing. For the most up-to-date information, please use the following links from KDHE and the CDC:

Government, Kansas

Burning Season in Kansas

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Health Advisory, Safety Tips Issued During Flint Hills Burning Season

Smoke Modeling Tool activated March 1

TOPEKA – The Kansas Department of Health and Environment (KDHE) reminds Kansans that March and April are a time when large areas of the state’s Flint Hills rangeland are burned. These burns help preserve the tallgrass prairie, control invasive species such as Eastern Red Cedar and Sumac and provide better forage for cattle. Prescribed burning minimizes risk of wildfires and is effective in managing rangeland resources. Smoke from the burns can influence the air quality of downwind areas. The use of smoke management techniques is vital to reduce impacts.

 

KDHE activated the Kansas smoke modeling tool on March 1, prior to widespread burning in the Flint Hills. The computer models use fire data and current weather conditions to predict the potential contribution of smoke to downwind air quality problems. There are approximately 2.1 million acres burned on average in the Flint Hills of Kansas and Oklahoma each year.

 

“We encourage ranchers and land managers to take advantage of this smoke modeling resource to spread out their burns more effectively and mitigate potential air quality impacts,” said Douglas Watson, meteorologist at the KDHE Bureau of Air. “For burns to be safe and effective, weather and rangeland conditions must be ideal. Many landowners will burn at the same time when such conditions are met. Air pollutants from the burns can affect persons in the Flint Hills and can be carried long distances to more populated areas.”

 

Prescribed burns release large amounts of particulate matter and substances that can form ozone. Particulate matter and ozone can cause health problems, even in healthy individuals. Common health problems include burning eyes, runny nose, coughing and illnesses such as bronchitis. Individuals with respiratory issues, pre-existing heart or lung diseases, children and elderly may experience worse symptoms.

 

Steps to protect your health on days when smoke is present in your community include:

 

  • Healthy people should limit or avoid strenuous outdoor exercise.
  • People with respiratory or heart related illnesses should remain indoors.
  • Help keep indoor air clean by closing doors and windows and running air conditioners with air filters.
  • Keep hydrated by drinking lots of water.
  • Contact your doctor if you have symptoms such as chest pain, chest tightness, shortness of breath or severe fatigue.

 

For more information about the burning in the Flint Hills, the Flint Hills Smoke Management Plan, the April burn restrictions and the smoke modeling tool, please visit http://www.ksfire.org.

Government, Health Care, Kansas

Kansas Online Resource: COVID-19

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The Kansas Department of Health and Environment Announces

COVID-19 Online Resource Center

 

The Kansas Department of Health and Environment (KDHE) today formally announced the launch of the agency’s online resource center for Kansans to learn more about COVID-19, the novel coronavirus, get answers to commonly asked questions about the virus and review other helpful information. The site is part of KDHE’s ongoing efforts to inform Kansans about the latest COVID-19 news and correct misinformation about the virus.

 

“The best thing Kansans can do is be informed,” Dr. Lee Norman, KDHE Secretary, said. “COVID-19 is a new virus and, as a result, many people have questions about it and how to keep their families safe. The COVID-19 resource center will provide a centralized location for Kansans to go to learn the most up-to-date information.”

 

The public can visit www.kdheks.gov/coronavirus to learn more about the virus. The site contains detailed information, answers to frequently asked questions and updated videos from Secretary Norman. Information will also be shared on KDHE’s social media channels.

 

“KDHE is working closely with local and federal authorities to ensure that every effort is made to keep Kansans safe and healthy,” Norman said. “In addition to educating yourself about the virus, the public can also take precautions to prevent the spread of it by doing simple things like washing your hands, practicing good hygiene techniques and staying home if you’re sick. This is the best defense to COVID-19.”

 

The 2019 novel coronavirus infections were initially diagnosed in Wuhan City, China and have now been reported in 60 locations internationally, including cases in the United States. KDHE, along with its community partners, continue to investigate this illness.

If you have recently traveled to areas including China, Iran, Italy, Japan and South Korea and have developed fever with lower respiratory symptoms including cough and shortness of breath within 14 days of your travel or have had contact with someone with a laboratory-confirmed case of COVID-19, stay home and call your healthcare provider.

For more information about COVID-19, visit KDHE’s website and Frequently Asked Questions at www.kdheks.gov/coronavirus and www.cdc.gov/coronavirus.

Government, Kansas

Overhaul of Child Welfare System

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Kansas Department for Children and Families Engaged in Systemic Overhaul of Child Welfare System

DCF Secretary Laura Howard Addresses Ongoing Child Welfare Lawsuit

 

Department for Children and Families Secretary Laura Howard today expressed her disappointment over the stalled settlement negotiations in the ongoing class action lawsuit and her expectations for continued improvement to the Kansas child welfare system.

 

“Governor Kelly tasked me with the responsibility of reforming our child welfare system because there is no one more committed to improving the lives of Kansas foster children than I am,” Howard said. “While there is certainly opportunity for the parties to resume settlement negotiations, this is a great time to highlight the work we’ve already done to improve the system.”

 

Howard points to the significant work done to reduce foster placement instability and improve the child protection framework in Kansas.

 

“A close examination of some of our most important indicators shows that in the last year we’ve made significant progress in slowing the number of foster youth who run away or are forced to sleep in offices,” Howard said. “At the same time through implementation of new practice models we are already seeing a modest reduction in the number of children who come into the system.”

 

Special Response Team.

 

In the spring of 2019, DCF took steps to expand its special response team tasked with locating youth who have run away from their placements and identify the underlying reasons why they run. The 10-member team is comprised of both DCF and contractor employees.

 

By engaging in prevention, location recovery and systems improvement, results from the special response team are promising – decreasing the daily pace of youth who are on the run from 94 to about 50.  DCF has learned that for youth whose location is recovered, more than a half (57%) have run away at least once before. The team is working on new strategies to reduce or prevent run recurrence.

“I hear stories every day on how our special response team is having a positive impact on the lives of foster children, Howard said. “They are helping these youth get into substance use treatment, find jobs and make important connections with family members.”

 

Child Protection Framework

 

Also, in 2019, DCF began implementing a new child protection framework and family meeting practice model in both its Kansas City and East regions. The new approach supports family engagement and creates a safety network for families. Initial data from the rollout shows the new approach is already having a positive impact on safety of children, creating a stronger connection to community services and preventing the need for out of home foster care placement.

 

In the Kansas City region, which includes Wyandotte and Johnson counties, from 2018 to 2019 there was a 7% reduction in the number of children who entered foster care.

 

The agency is seeing the same positive results in its East region which covers 25 counties in the eastern part of the state. The percent of children who entered foster care reduced by almost 6% in calendar year 2019 compared to calendar year 2018.

The total number of children in foster care in these two regions is also down, thanks to more children leaving the system. Since January 2019, the agency has completed 1,141 adoptions. DCF received an adoption incentive award for its efforts in 2019 and will use those funds to help the more than 2,000 children with a current case plan goal of adoption.

 

PRTF Beds

DCF also has made significant progress in addressing the need for intensive treatment for our most vulnerable children. Since July, the agency has worked with our community partners to increase the number of Psychiatric Residential Treatment Facility (PRTFs) beds by 54. As a result, the waiting list has dropped by more than 80.

 

Patience is Necessary

 

In recent years, Kansas families have experienced significant roadblocks to services that can assist them with important child care and food assistance, work supports and parenting skills. The result of these policies was a significant increase in the number of children entering foster care. Recent analysis by University of Kansas professor Dr. Donna Ginther and Ohio State professor Dr. Michelle Johnson-Motoyama finds that 5,986 children entered foster care as a result of policies that restricted access to TANF benefits between 2012 and 2018.

DCF has spent the last year trying to reverse the effect of these policies and is now seeing evidence that new initiatives are having a positive effect on Kansas families. DCF has implemented the Family First Prevention Act, created new policies to provide improved access to child care and supported families through safe sleep and parent skills training.

Howard says more time is needed to see the full impact of the changes.

 

“Child welfare experts tell me it commonly takes three years before a large child welfare system shows significant improvements after years of neglect,” she said. “I don’t see it that way. I’m hopeful that Kansas can buck that trend, but I am also realistic and know that we must be patient and give these reforms time to take hold. I won’t rest until the work is done, Kansas families are thriving, and we can focus solely on caring for our state’s vulnerable children without dealing with expensive lawsuits.”

 

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