August revenue receipts exceed previous year

TOPEKA—Fiscal year tax collections exceeded previous year’s totals by $79.49 million according to data from the latest revenue report released Tuesday.

Fiscal year 2019 collections so far total $993.36 million.

August tax collections were up $33.99 million, or 7.38 percent over last year.

Individual income tax collections totaled $220.78 million which is $25.09 million or 12.82 percent above the same time last year. August sales tax collections exceeded last August’s collections by $537,427.

Increase in Questions about Bats and Rabies, State Agencies Offer Guidance

Safety tips provided for coming in contact with bats and other animals

TOPEKA – The Kansas Departments of Health and Environment (KDHE) and Wildlife, Parks, and Tourism (KDWPT) have had an increase in the number of calls recently from residents who have questions about bats in their homes. Experts from the State agencies encourage Kansans to be aware of the rabies risk associated with exposure to bats.

“Although only 3 percent of about 1,000 bats tested over the last five years were positive for rabies in Kansas, they remain an important cause of human rabies cases in the United States,” said Dr. Ingrid Garrison, State Public Health Veterinarian at KDHE. “Contact with bats is a concern because their teeth are so tiny that a bite may not be felt or even leave a noticeable mark. That is why it is important to speak with someone who can evaluate your situation for potential exposure to rabies,” said Dr. Garrison.

Rabies is a fatal viral disease in mammals, including people. Infection with the rabies virus can occur from a bite by a rabid animal or when saliva from a rabid animal comes into contact with the eyes, inside the mouth, or a fresh, open wound. In Kansas, skunks are the animal that most commonly tests positive for rabies.

“We see an increase in bat activity, usually in July and August, as baby bats learn to fly,” said Samantha Pounds, an ecologist with KDWPT. “Of the more than 1,000 species of bats around the world, 15 have been found in Kansas. Bats play a vital role in the Kansas ecosystem by consuming millions of insects each year, including agricultural pests and mosquitoes. They can eat one-half of their body weight in insects each night. However, some bats may also be infected with rabies. We want people to be aware of bats, but not afraid of them,” said Pounds.

It is best to exclude bats from your home in the early spring or fall when they are not roosting (giving birth and raising young). Young bats that are not able to fly can get trapped inside, which can lead to an upset mother bat or foul-smelling dead bat. Bats often enter homes through unsealed cracks, gaps or small holes, so filling in these entry points is one way to keep bats out of a home. Another method is to use an exclusion tube or small piece of mesh to create a one-way exit for bats living in an attic. Professional help to exclude or capture bats may be available in your area.

KDHE asks that you call your health care provider or local health department if you have had any contact with a bat if a bat is found in the room of a sleeping person, unattended child, or anyone who is unable to tell you about the encounter. If possible, the bat should be captured safely and not released. Tips for safely capturing a bat can be found on the Bat Conservation International website at www.batcon.org. If the bat is not available for rabies testing, the person who was exposed to the bat should seek medical care and receive rabies prevention shots.

KDHE and KDWPT offer the following tips about bats and other animals regarding rabies for your safety:

• If you wake up in a room with a bat present, regardless if there is evidence of a bite or scratch, seek advice from your health care provider or local health department. If possible, trap the bat for testing. Do not release the bat.
• If bitten by any animal, seek medical attention and report the bite to your local health department or animal control department immediately.
• If your animal is bitten, contact your veterinarian for advice.
• Do not handle or feed wild animals. Never adopt wild animals or bring them into your home; it is both unsafe and illegal.
• Do not try to nurse sick or injured wild animals back to health. Call animal control or an animal rescue agency for assistance.
• Teach children to never handle unfamiliar animals, wild or domestic, even if they appear friendly.
• Have your veterinarian vaccinate all dogs, cats, ferrets, horses and valuable livestock (cattle and sheep) against rabies.

For more information on bats and rabies visit: https://www.cdc.gov/rabies/bats/education/index.html. For more information on excluding or removing of bats: http://www.batcon.org/resources/for-specific-issues/bats-in-buildings/faq.

A list of companies that are registered with the Kansas Nuisance Wildlife Damage Control Program (NADC Permit Holders) can be found on the KDWP&T website at https://ksoutdoors.com/Services/Wildlife-Damage-Control or by calling 620-672-5911. These companies may charge a fee for their services. For more information on rabies in Kansas: https://keap.kdhe.state.ks.us/Ephtm/PortalPages/ContentData?CID=109.

TOPEKA – A federal court in Texas ruled yesterday that money collected as part of Obamacare, known as the Health Insurance Provider fee, be returned to the states by the Federal government. Kansas and five other states were part of this legal action, in which $142-million was ordered to be returned to the state of Kansas.

“This is just another example of the monumental failure of Obamacare and the expensive toll it has taken on our state,” said Governor Jeff Colyer, “This fee has been illegally collected for far too long, and I am grateful to Attorney General Derek Schmidt for going to bat for Kansas and ensuring that a legal remedy was made for returning millions of dollars that should have never been taken from taxpayers in the first place.”

Attorney General Schmidt said in a statement earlier today that an appeal is likely, so the funds should not be counted just yet, but he feels confident in the strength of the case should it be appealed.

Nominations Now Being Accepted for Kansas Health Champion Awards

Exceptional efforts to promote health and fitness in Kansas to be recognized

TOPEKA – The Governor’s Council on Fitness is now accepting nominations for its annual Kansas Health Champion Awards. Awards are given to individuals and organizations that make an exceptional effort to model, encourage and promote health and fitness in Kansas. Award recipients will be recognized at the Community Health Promotion Summit on Jan. 24, in Manhattan, Kan. The deadline for nominations is Sept. 30.

“The Kansas Department of Health and Environment (KDHE) is proud to partner in this important initiative to improve the health and wellness of Kansans,” said KDHE State Health Officer, Dr. Greg Lakin. “Many people and organizations throughout the state have made healthy living a priority, and it’s important that we recognize their efforts that impact others”.

Nominees would be expected to have demonstrated:

• Work that goes above and beyond what is expected to model, encourage and promote fitness
• Far-reaching impact
• Sustainable influence or activity

“In addition to promoting effective models for increasing physical activity, nutrition and tobacco-free living for replication by organizations and communities around the state, the awards also allow us the opportunity to honor the outstanding work of one individual and one organization this year,” said Marlou Wegener, Manager of Community Relations, Blue Cross and Blue Shield of Kansas.

Eligible nominees might include an outstanding volunteer, a school, a local community, a newspaper or individual reporter, a local or State policy maker, or an employer, among others.

For more information and to submit a nomination, go to getactivekansas.org, and click on the nomination form link. If you have questions about the nomination process, contact Jennifer Church at 785-296-6801.

The Governor’s Council on Fitness advises the Governor and others on ways to enhance the health of all Kansans through promotion of physical activity, good dietary choices and prevention of tobacco use.

“Count the Kicks” goal is to save 60 Kansas babies every year, reduce stillbirth rate by 26 percent

TOPEKA – The Kansas Department of Health and Environment (KDHE) announced today that it has partnered with Count the Kicks, a proven stillbirth prevention public health campaign. Kansas vital statistics show that 232 stillborn babies are born each year in our state. The introduction of Count the Kicks in Kansas has the potential to save 60 babies every year if Kansas’ stillbirth rate decreases by 26 percent, as has happened in neighboring Iowa where the campaign began.

Count the Kicks teaches the method for and importance of tracking fetal movement in the third trimester of pregnancy. Scientific studies show that expectant moms should track their baby’s movements once a day in the third trimester and learn how long it normally takes their baby to get to 10 movements. Moms will start to notice a pattern, a normal amount of time it takes their baby to get to 10. If “normal” changes during the third trimester, this could be a sign of potential problems and an indication to call their provider.

“We are excited to provide physicians, partners and pregnant women across the state full access to Count the Kicks materials,” said Rachel Sisson, KDHE Bureau of Family Health Director. “KDHE’s Bureau of Family Health remains committed to collaborative efforts to support the healthiest outcome for mothers and infants.”

Through KDHE, maternal health providers, birthing hospitals and social service agencies throughout Kansas can order FREE Count the Kicks educational materials at www.countthekicks.org to start using these materials in their practices right away. Moms everywhere can download the FREE Count the Kicks app, which is available in the Google Play and iTunes online stores. The app, available in English and Spanish, allows expectant moms to monitor their baby’s movement, record the history, set a daily reminder, count for single babies and twins. The app already helped save seven Iowa babies in the past year.

This project is supported by KDHE with funding through the Health Resources and Services Administration (HRSA), of the U.S. Department of Health and Human Services (HHS), under grant number #B04MC31488 and title Maternal and Child Health Services.

Governor’s Chief Counsel Issues Legal Opinion Regarding Counting of Provisional Ballots

Topeka- This morning the Governor’s chief counsel issued the following opinion, which was sent to all county election officials.

LEGAL OPINION FROM

OFFICE OF THE CHIEF COUNSEL

The Governor has requested that I issue this legal opinion regarding interpretation of Kansas election law provisions concerning unaffiliated primary voters casting of provisional ballots.

Kansas law provides that an unaffiliated voter must be permitted to affiliate with a party on primary election day and vote in a party’s primary. K.S.A. 25-3301(c). However, sometimes when an unaffiliated voter seeks to affiliate and vote in a party primary, a poll worker (often a volunteer) simply instructs the unaffiliated voter to fill out a provisional party ballot rather than a party affiliation statement. Kansas law requires canvassers to look to the intent of the voter to correct this technical error by the poll worker and count the primary vote.

Specifically, Kansas law expressly provides that such poll worker errors should be disregarded by the county canvassing board: “No ballot, or any portion thereof, shall be invalidated by any technical error unless it is impossible to determine the voter’s intention. Determination of the voter’s intention shall rest in the discretion of the board canvassing in the case of a canvass.” K.S.A. 25-3002(b)(1). This guiding principle has special importance in elections for governor: “[Even though] provisions of law may not have been fully complied with in noticing and conducting the election . . . the real will of the people may not be defeated by any technical irregularity of any officer.” K.S.A. 25-702(b).

Accordingly, Kansas law requires that provisional ballots cast by unaffiliated voters in a primary election be construed as evidence of voter intent and must be counted. Canvassers should look not to the technical statutory requirement of a party affiliation statement, but rather to the intent of the voter, as is compelled by other statutory law.

___________________________________

Brant M. Laue

Chief Counsel

Office of the Governor

Issued: August 13, 2018