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February 25, 2022
Turn around is the halfway point for session. It’s the day when a bill dies if it was not ‘blessed’, which means that it had not been in an exempt committee or that it did not pass the originating chamber (either the House or the Senate). The three exempt committees in the Senate are: Taxation, Federal and State Affairs, and Ways and Means. There were 18 bills in the House that died and 0 in the Senate so far.
There are many bills that never make it out of committee. To give you an idea, this year at turnaround, the Senate still has 382 bills in committee and the House has 510. The Senate has passed 55 bills and the House has passed 47 – the Senate bills need to pass the House, and the House bills need to pass the Senate before going to the Governor. The Governor can sign them into law, let them go into law without her signature, or veto them. If the Governor vetoes a bill – the legislature can override a veto with a 2/3 majority vote.
Turnaround week is very intense. Monday evening, senators received a list of 23 bills that were to be debated on Tuesday. Tuesday evening, we received a list of 11 bills to be debated Wednesday. There were too many bills to cover in this update, but you can find all the bills at www.kslegislature.org.
Property Rights have been protected since the founding of our country. We shouldn’t have to pass legislation for those protections, but we do. Senate Bill (SB) 395 would require a warrant, court order, subpoena, or permission by the landowner for Kansas Department of Wildlife and Parks (KDWP) to put any recording device on your property. Currently the KDWP has the authority to enter your property without your knowledge, set up cameras and monitor those cameras, this is just wrong. No other law enforcement officials have this right. The bill was watered down in the Judiciary Committee. Working with other legislators, I helped reverse the watered down version on the floor. The bill passed the Senate 30 to 9. I voted Yes to protect your property rights.
A person burglarized a church and a judge ruled that the person was invited so they couldn’t be charged with burglary. Let’s get this straight, a person steals from a locked sanctuary and a judge rules the person had a right to burglarize the church because “the person had been invited” into the unlocked area of the church. It is so ridiculous that a judge would rule that way. What else makes little sense is that SB 366 was introduced to make clear it is a crime to burglarize a locked building. Current statute says a “building, manufactured home, mobile home, tent or other structure which is not a dwelling” cannot be burglarized, but the Senate thinks adding “locked building” will help. It should be that no one can burglarize or steal another person’s property. If this bill becomes law, will it be interpreted by another judge that a person can burglarize an unlocked building? The bill passed 39 to 1. I was a No vote to protect property, whether the building is locked or unlocked.
Rules and Regulations written by the Administration have the rule of law. SB 34 would require that all Rules and Regulations be reviewed every five years and establish an alternative revocation procedure. This bill is long overdue. I voted Yes. The bill passed 32 to 7.
It is an honor and a privilege to serve as your 12th District State Senator.
Caryn
KDHE and the FDA warn consumers not to use select Similac, Alimentum and EleCare powdered infant formula
TOPEKA – Yesterday, the Food and Drug Administration (FDA) announced it is investigating complaints of infant illness related to products from Abbott’s Nutrition’s Sturgis, MI facility. Three brands of powdered infant formula were recalled for possible Cronobacter contamination. As a result of the ongoing investigation, the FDA is alerting consumers to avoid purchasing or using certain powdered infant formula products produced at this facility.
The FDA is advising consumers not to use Similac, Alimentum, or EleCare powdered infant formulas if:
Abbott has initiated a voluntary recall of certain powdered infant formulas. Products made at the Sturgis facility can be found across the United States. Individuals can find more information about returning the product directly to Abbott by using the Product Recall tool.
Cronobacter infections are rare, but they can be deadly in newborns. Infections in infants usually occur in the first days or weeks of life. About two to four cases are reported to CDC every year, but this figure may not reflect the true number of illnesses because most hospitals and laboratories are not required to report Cronobacter infections to health departments.
The first symptom of Cronobacter infection in infants is usually a fever, accompanied by poor feeding, crying, or very low energy. Infants with these symptoms should be immediately evaluated by a health care provider.
February 18, 2022
Crazy Weather lately the temperature has fluctuated from unusually hot to very cold – kind of like how this year’s legislative session has gone.
Tax Cuts The government takes too much of our money and needs to be more frugal with its spending. I stand strong for tax cuts, not tax increases. Last year, I led a successful effort to cut income taxes by increasing the standard deduction and allowing an option to itemize – the Governor vetoed the tax cuts, but the legislature overrode the veto. This year, I am again working to lower your taxes. Kansans are paying record amounts of taxes – even with last year’s tax cuts.
Senate Bill (SB) 431 modernizes the $20,000 exemption for the schools 20 mil of property tax. Presently, $20,000 is subtracted from a homeowner’s valuation for the 20 mill collected by the state and sent to the schools. The $20,000 exemption was established in 1997. To count for inflation, SB 431 would increase the $20,000 to $65,000 for 2021 and adjust annually. The bill passed out of the Senate Tax Committee and hopefully, will be debated on the Senate floor next week.
Improving Adoptions in Kansas SB 12 would require performance-based contracts to be established by Kansas Department of Children and Families (DCF) with stakeholders. The plan would help with early intervention services for families and children who are awaiting adoption. The bill passed the Senate unanimously.
Increasing Healthcare Access
SB 200 would provide Kansans an option to see a pharmacist to start therapy for the flu, strep, and UTI (Urinary Tract Infections). Some think this is a doctor’s responsibility and overreach for a pharmacist. While others see it as a way to improve our healthcare system. I voted Yes. The bill passed 37 to 2.
It is an honor and a privilege to serve as your 12th District State Senator.
Caryn
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EMPORIA – Many advances in technology arise out of a desire to improve output and efficiency, and the fishing industry is no exception. One such advancement that has many anglers “picking sides” is the introduction, and proliferation, of live-imaging sonar (LIS) – sonar that allows anglers to view fish and structure, below and around their vessel, in real time and often with great clarity. While some believe LIS adds immense value to the overall fishing experience, others believe it poses an ethical dilemma, blurring the lines of “fair chase.” So, when is an advancement too advanced? That’s the data KDWP Fisheries staff sought but couldn’t find; so, they developed it themselves in a first-of-its-kind study.
“As a conservation-based organization, we always want to look to science and ask ourselves, ‘What is the data telling us?’” said KDWP Fisheries biologist, Ben Neely. “But this technology is just new enough, that these data really didn’t exist. That’s when we decided we needed to explore this further and develop the study. It’s taken off like wildfire in the conservation community ever since.”
KDWP Fisheries staff opted to conduct a controlled and replicated experiment to assess the influence of LIS on catch of winter crappie – Kansas’ second-most sought-after sportfish. Specifically, the project was designed to examine LIS impacts on “casual weekend anglers” fishing unfamiliar water on a weekend trip.
In early December 2021, a total of 32 individuals from KDWP’s Fisheries and Wildlife divisions, and Kansas State University took part in a two-week experiment at Cedar Bluff Reservoir. Anglers were randomly partnered up and instructed to fish for seven hours on either the north or south sides of the lake, and either with or without the aid of LIS. The next day, each team switched sides and use of equipment; This resulted in a total of 16 controlled “samples.” The results were unexpected.
Ultimately, the data collected demonstrated that while LIS may improve angler catch and size of crappie by casual weekend anglers, overall differences were statistically minimal. And maybe more importantly, the data suggests an overall low risk of long-term damage to crappie populations as a result of LIS. However, anglers with more experience and expertise using LIS to target crappie were not considered in this study. Future studies are being discussed that can leverage the abilities of more LIS-experienced anglers to further inform future management of crappie in Kansas.
“Balancing sociological needs with biological needs is at the heart of nearly everything we do at KDWP,” said KDWP Secretary Brad Loveless. “This study is a fine example of how our staff continue to operate off of the best-available data to make science-based decisions that benefit not only the resource, but our users. I’m confident this study will be just one of many that the conservation industry looks to, as our talented staff in Kansas continue to pave the way in fisheries research and management.”
To learn more about this study, watch an audio/video presentation by Neely here, https://youtu.be/XEiP0_PMjjg.
For more on fishing in Kansas, visit ksoutdoors.com/Fishing.
TOPEKA – The Kansas Department of Health and Environment (KDHE) has amended its travel quarantine list to add the countries of Denmark, Georgia, Iceland, Latvia, Netherlands, Reunion and Slovenia. The countries on the travel quarantine list will expire on March 3, 2022. KDHE will not release a travel quarantine list after March 3, individuals should now refer to the Centers for Disease Control and Prevention travel advisory page.
An unvaccinated individual who has not had COVID-19 within the last 90 days or those that have not received all the recommended vaccine doses, including boosters and additional primary shots, should quarantine if they meet the following criteria:
The length of a travel-related at home quarantine is 5 days after your last exposure with an additional requirement to wear a well-fitting mask indoors and outdoors when around others for an additional 5 days. If you cannot mask, at-home quarantine is recommended for 10 days. Quarantine would start the day after you return to Kansas or from the mass gathering. If you do not develop symptoms of COVID-19 during your quarantine period, then you are released from quarantine. Regularly check this list to stay up to date on travel-related guidance. Please refer to the KDHE Isolation and Quarantine FAQ for additional information.
For those traveling internationally, the Centers for Disease Control and Prevention (CDC) is requiring testing within three days of flights into the U.S. For further information on this and other requirements, visit their website.
For those who meet the following criteria do NOT need to quarantine:
Persons who do not meet the above criteria should continue to follow current quarantine guidance for travel or mass gatherings.
The travel quarantine list is determined using a formula to evaluate new cases over a two-week period, then adjusted for population size to provide a case rate per 100,000 population. This provides a number that can then be compared to the rate in Kansas. Locations with significantly higher rates — approximately 3x higher — are added to the list.
For more information on COVID-19, please visit the KDHE website at www.kdhe.ks.gov/coronavirus.
KDHE Awarded State Partnerships Improving Nutrition and Equity Program Grant
TOPEKA – The Kansas Department of Health and Environment (KDHE) is pleased to announce that the Community Health Promotion (CHP) team has received the State Partnerships Improving Nutrition & Equity (SPINE) Program Grant from the National Association of Chronic Disease Directors (NACDD).
CHP was awarded $144,274 to support the one-year grant project. This grant project aims to implement sustainable and equitable policy, systems, and environmental actions to address food and nutrition security across the life span.
“Even though Kansas is known for its food production, access to nutritious food is still a challenge for many Kansans,” said Courtney Koenig, Physical Activity and Nutrition Program Manager at KDHE. “We are excited for this grant opportunity and look forward to getting started on the work to improve nutritious food access in Kansas.”
For this year-long program, the CHP team will partner with the Kansas Food Action Network and focus their efforts on community engagement, assessment and creating a food policy council in the Southwest Kansas region.
Health equity is foundational to the SPINE program and will be integrated throughout the planning, action, and evaluation stages, in addition to considering the impact of the COVID-19 pandemic. Health equity can be defined as “when everyone, regardless of who they are or where they come from, has a fair and just opportunity to experience their highest level of health and wellness. This requires eliminating barriers like poverty and repairing injustices in all systems that can impact the ability to experience health and wellness. Such systems include education, criminal justice, health and transportation.” (Modified from Robert Wood Johnson Foundation, “What is Health Equity?” and Colorado Department of Health and Environment)
Nine states were selected to receive the grant, including Iowa, Kansas, Maryland, Michigan, Nevada, New Jersey, New Hampshire, Oregon and Oklahoma.
For more information about the SPINE Grant, please visit the NACDD website at chronicdisease.org/spine-program/.
Legislative Update by State Senator Caryn Tyson
February 11, 2022
Tax RELIEF – Removing Sales Tax on Shipping
Do you know you pay sales tax charges on postage and shipping in Kansas? Hopefully, not for long. The Senate passed Senate Bill (SB) 327 unanimously, exempting shipping and postage charges from sales tax if the charges are listed separately on a receipt or invoice. It just makes sense, and I was glad to lead this effort. Hopefully, the House will pass it as well.
The Senate Tax Committee passed SB 339, removing all sales tax on food. While working the bill in Committee a couple of amendments were added, removing sales tax on commercial electric, gas, and other utilities (homeowners don’t pay this sales tax), and removing sales tax on theater tickets. It looks like the bill will have a few more amendments when worked on the floor. One of the amendments will be regarding funding to KDOT. Currently, KDOT gets 16.55% of sales tax collected. Since sales tax collection will decrease, KDOT would like the percentage to increase proportionally.
Economic Development – Giving away almost everything, including the kitchen sink
The Governor and the Kansas Secretary of Commerce brought a bill, SB 347, to the legislature for economic development with one company in mind. I opposed the Governor’s efforts to pick winners and losers in business. Instead we should pass tax cuts that help existing businesses and make Kansas a more appealing state for all businesses to come.
SB 347 could have Kansas writing a check to the company for an obscene amount of money – the current estimate is over $60 million a year for 10 years if the company makes a $4 billion investment. I asked, “what would qualify as an investment?” Can you believe the Secretary of Commerce gets to decide? The bill has payroll, income tax, and sales tax incentives and is being touted as the $1 billion giveaway. We have also heard the state and local governments will be giving away possible buildings, land, and abating property taxes.
There have been comments about the secrecy and not knowing the company. As a legislator under these circumstances, I did not sign a non-disclosure. Anyone who did, was told the company name.
SB 347 goes against what I have been fighting for – transparency and to stop the government from picking winners and losers. It has been reported the company is a foreign company, possibly Panasonic to make batteries for electric vehicles. Disappointingly, the bill passed the legislature and was signed into law. My hope is that it doesn’t turn out like the Wisconsin Foxconn “debacle”.
Veto Override Redistricting Map
The legislature voted to override the Governor veto of SB 355, the U.S. Congress redistricting map. Lawsuits have already been filed, likely more to follow – as the minority party has planned all along.
It is an honor and a privilege to serve as your 12th District State Senator.
Caryn
~~Compliance Ensures Continuation of Federal Funding, Affects Six State Facilities, 11.2% State Employees~~
TOPEKA – Governor Laura Kelly today directed affected state agencies to apply Kansas law when complying with the United States Supreme Court’s decision to uphold the Centers for Medicare and Medicaid Services (CMS) rule requiring staff to be vaccinated against COVID-19. The directive requires agencies complying with the CMS rule to follow Kansas state laws regarding medical and religious exemptions, documentation, and self-attestation regarding vaccination status.
“I’ve consistently opposed federal COVID-19 vaccine requirements because the responsibility was given to the states from the beginning to make these decisions,” Governor Laura Kelly said. “However, in order to protect the millions of dollars in funding Kansas receives and to prevent Kansans’ tax dollars from going to other states, we must comply with the federal vaccine requirement.
“It’s absolutely critical that any policy implemented in response to the federal ruling must follow our state laws which protect medical and religious exemptions, and prevent intrusive requests from employers,” Governor Kelly said.
In January 2022, the United States Supreme Court upheld the federal Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine requirement. For nearly all Kansas state employees, there will be no vaccine requirement. 11.2% of state employees work in the state’s six CMS-funded facilities that are subject to the United States Supreme Court ruling.
The Governor’s directive requires that any agency policy implementing the CMS rule should not conflict with provisions of Kansas state law, including but not limited to the 2021 Special Session House Bill 2001 and 2021 Regular Session Senate Bill 159.
The directive requires the Kansas Department for Aging and Disability Services, the Kansas Commission on Veteran Affairs Office, and any other state agency impacted by the CMS Interim Final rule to affirm state laws when complying with the federal CMS guidance, including but not limited to:
Please find the full directive here.
Sen. Moran Speaks on U.S. Senate Floor on National Blood Crisis
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) spoke on the U.S. Senate Floor regarding the national blood crisis and how this severe blood shortage is affecting patient care in Kansas.
“There is no substitute – no alternative – our nation can turn to in the absence of blood donations,” said Sen. Moran. “The only answer is each of us stepping up to donate, helping to end this crisis and contributing to saving the lives of those in our own communities. This shortage is severe, and it is affecting Kansas health care providers and their ability to care for patients. Kansans pull together in times of need, and I encourage anyone who is able to donate.”
Click HERE to watch Sen. Moran’s full speech
Find a donation site near you through the American Red Cross here.