Category Archives: Kansas

Section of K-31 Section Closes May 8 in Linn County

Section of K-31 to close for pipe replacement project

 

The Kansas Department of Transportation (KDOT) will close a section of K-31 in Linn County to replace two crossroad pipes on Monday, June 8, weather permitting.

 

K-31 will be closed approximately three miles east of Blue Mound, between Flint and Gorman roads. The closure will start after 8 a.m. and remain in effect until late Monday. Traffic should use alternate routes.

 

Persons with questions may contact KDOT Area Engineer Donna Schmit, (785) 433-6107, or Public Affairs Manager Priscilla Petersen, (620) 902-6433.

 

A picture containing outdoor, grass, holding, woman Description automatically generated

Closure shown in red

 

Final Bills of Kansas Legislature 2020

Governor Laura Kelly takes action on final bills of regular 2020 session

 

TOPEKA – Today Governor Laura Kelly took action on the remaining eight bills passed by the Kansas Legislature during the 2020 regular session. She signed five pieces of legislation and vetoed three bills.

 

The bills Governor Kelly signed are as follows:

 

House Bill 2018

 

Amends the Video Competition Act (Act) to prohibit municipalities from imposing additional requirements for the deployment of micro wireless facilities in the public right-of-way and to allow a municipality to require compliance with certain standards.

 

House Bill 2034

 

Amends law related to court orders for restitution by criminal defendants. This legislation will become effective upon its publication in the Kansas Register.

 

House Bill 2137

 

Amends the Scrap Metal Theft Reduction Act to remove the requirement that scrap metal dealers photograph the vehicle in which a junk vehicle or other regulated scrap metal property is delivered. The bill also continues in existence certain exceptions to the Kansas Open Records Act.

 

House Bill 2246

 

Amends and enacts new law pertaining to the oversight, regulation, programming, and authority of various state agencies.

 

House Bill 2585

 

Creates and amends law relating to a tax exemption for the tracking and collection of state and federal income tax by certain public utilities and creates law related to the authority of the Kansas Corporation Commission (KCC) to regulate electric public utility rates to allow contract and discounted rates for certain facilities. The KCC is authorized to approve such rates notwithstanding provisions governing its power to require utilities to establish just and reasonable rates to maintain efficient and sufficient electric service and to prohibit variations from established rate schedules.

 

Vetoes

 

Additionally, as part of her administration’s commitment to fiscal responsibility and to leading Kansas forward during the COVID-19 pandemic, Governor Kelly vetoed House Bills 2510, 2619 and 2702. Her veto messages are as follows:

 

House Bill 2510

 

“House Bill 2510 includes valuable provisions—such as free ACT exams for high school students and a foster care report card—that I would sign into law if they were presented in a standalone bill. The Kansas Promise Scholarship is also a laudable effort to make higher education more accessible to vulnerable Kansans who come of age in the foster care system, and to incentivize Kansas graduates to establish their careers here.

 

“Although well-intentioned, House Bill 2510 as a whole would annually deplete millions from state funds at a time when Kansas faces a $1.3 billion budget shortfall. I cannot in good conscience sign a bill establishing a new discretionary spending program that is unrelated to Kansas COVID-19 response efforts when such severe financial strain looms in the months ahead. I have made Kansas children in foster care one of the top priorities of my administration. At this time of fiscal crisis we must focus on preserving the foster care programs and services already in place.

 

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2510.”

 

House Bill 2619

 

House Bill 2619 establishes a new Economic Recovery Linked Deposit Loan Program for businesses in response to the economic downturn caused by the COVID-19 pandemic. This 10-year program would make up to $60 million available for low-interest loans to businesses and agricultural producers through the Pooled Money Investment Board. 

 

“I support efforts to provide economic relief to Kansas small businesses and agricultural producers who have been hard hit by the COVID-19 pandemic. However, federal funding made available to Kansas through the CARES Act is a more appropriate funding source for this effort. With a $1.3 billion budget shortfall looming, we must protect every state resource at our disposal to make ends meet in the months ahead, including earnings from the state’s investment portfolio.

 

“House Bill 2619 also grants authority to the Kansas State Treasurer to administer the loan program. These programs have historically been administered by the Kansas Department of Commerce, and that should continue in our COVID-19 response effort.

 

“Finally, this bill includes a problematic income tax exemption for for-profit banks. While the efforts of Kansas banks and credit unions to reach a compromise on this legislation are laudable, I cannot in good conscience agree to providing tax breaks for banks in light of the looming budget shortfall. Additionally, the CARES Act already provides relief for banks that will far exceed the benefits of this legislation. 

 

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2619.”

 

House Bill 2702

 

“During the COVID-19 pandemic our local governments have risen to the challenge of providing services to citizens when COVID-19 threatens the normal operations of businesses and government agencies alike. I am keenly aware of the challenges facing Kansas taxpayers, especially those facing unemployment or decreased income as a result of the COVID-19 pandemic.

 

“However, the COVID-19 pandemic has also required our local governments to do more with less. Local governments rely heavily on property taxes to fund essential programs and services, but by allowing property tax payments to be made as late as August 10, 2020, with no penalties or interest, House Bill 2702 would potentially deprive local governments of essential funding at a time it is needed the most. Local governments cannot meet increased demand for police, fire, emergency medical, and other services if a primary funding source for local governments is withdrawn. Additionally, HB 2702 places significant administrative burdens on local governments when local officials should be focused on addressing the threats and challenges of COVID-19 in their communities.

 

“I have long supported responsible property tax relief, but the provisions of HB 2702 cause more problems than they solve. Now is not the time to create more problems and burdens for local governments.

 

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2702.”

Kansas Tax Collection Sees Growth For April

State sees total tax collection growth over April Consensus Revenue Estimates; attributes to online sales and withholding taxes

 

TOPEKA –The State of Kansas saw total tax collections for May Fiscal Year 2020 at $448.7 million; 6.6% or $27.8 million above the estimate. That is down 20.3% or $114.4 million compared to the same month last fiscal year.

 

Individual income tax collections were up $5.9 million or 2.8% compared to the estimate with $215.9 million collected. That is 22.3% or $62.0 million less than last May. The increase from the estimate can be attributed to reduced bond payments from withholding and an extra payroll period for the semi-monthly withholding tax filings. Corporate income tax collection receipts were down 167.9% or $8.4 million from the estimate at negative $3.4 million. This is due to the state processing more refunds than it received in corporate income tax collections. When compared to the same month last fiscal year, those collections are down $14.4 million.

 

Retail sales tax collections were $18.9 million or 12.2% more than estimated with $173.9 million collected.

Compared to May of last fiscal year, collections are down $27.3 million or 13.6%.

Compensating use tax collections are 25.5% or $7.7 million more than expected at $37.7 million.

When looking at last year’s numbers, these collections are $1.2 million or 3.2% more than May of last fiscal year.

This can be attributed to the increased registration of online retailers to collect and remit Kansas taxes.

On average, the state is seeing 300 new registrations per month.

 

For detailed info:

11_May_Revenue_FY2020_06-01-2020_Final

 

 

Resident Death at El Dorado Correctional Facility

 

TOPEKA, Kansas. – El Dorado Correctional Facility resident Bobby Edwards died on Sunday, May 24, 2020, at the correctional facility.

 

Edwards, 44, was pronounced dead by facility staff at approximately 2:15 a.m. The cause of death is pending an autopsy but is not believed to be COVID-19 related.

 

Per protocol when a resident dies in the custody of the Kansas Department of Corrections (KDOC), the death is under investigation by the KDOC and the Kansas Bureau of Investigation.

 

Edwards was serving a 247-month sentence for a 2011 Sedgwick County conviction for Aggravated Robbery.

 

Bobby Edwards’ KDOC identification number is # 63488

 

The 1,955 bed El Dorado Correctional Facility opened in 1991 and was expanded in 1995 and 2001. The facility is designed for maximum- and medium-custody inmates and to serve as the Reception and Diagnostic Unit (RDU) for all adult males sentenced to KDOC. In RDU, residents receive orientation and are assigned to a custody classification, appropriate programs and a permanent housing assignment.

Governor signs disaster declaration, calls for special session, warns of grave consequences to state without legislative action

 

Encourages Legislature to do what’s right to protect Kansans

 

TOPEKA – Today Governor Laura Kelly announced a series of actions her administration is taking to respond to the emergency situation COVID-19 currently presents to the economy and to public safety.

 

  1. After careful review, Kelly has vetoed House Bill 2054. This sweeping, hastily crafted legislation pushed through the Kansas Legislature last week includes provisions that will damage Kansas’ ability to respond to COVID-19 and all future disasters. The bill also weakens local county health officer authorities and adds unnecessary layers of bureaucracy to their emergency response efforts.
  2. Kelly has signed a new state disaster declaration to ensure that Kansas can effectively respond to the current emergency situation, which includes an unprecedented economic emergency and the imminent threat of new outbreaks of COVID-19, specifically regarding food supply. This will also ensure the state can continue its coordinated response with federal and state partners.
  3. Kelly has called a special session starting June 3. She has asked the Legislature to put politics aside, work with her, and deliver an emergency management bill that has been vetted, debated, is transparent and addresses the need to keep Kansans safe and healthy.

 

“As I’ve said from day one, the safety and well-being of Kansans is my number one priority. What the Legislature sent to my desk does not protect Kansans. It does not help Kansans. It puts their lives at risk,” Kelly said. “I’m calling on the Legislature to come back and put a carefully crafted, bipartisan bill on my desk that will provide the resources Kansans need, in a timely manner. We must stop putting Kansans at risk.”

 

The new state disaster declaration addressing the current emergency enables Kansas to provide the following services through the Kansas Division of Emergency Management, the Kansas Department of Health and Environment, the Kansas National Guard and the federal government:

 

  • Allows National Guard members supporting numerous field missions throughout the state to serve communities in response to the disaster and threat. To date, a total of 678 National Guard personnel are supporting these missions.

 

  • Allows KDEM and National Guard to provide vital food support to communities and protect against threat of food supply shortages. Guard members have packed more than two million meals which are being distributed to food banks across Kansas.

 

  • Allows KDEM and National Guard to swiftly provide medical and non-medical Personal Protective Equipment (PPE) to hospitals, first responders and many more to combat the imminent threat of COVID-19 surges. To date, over 7,000 cases of PPE have been delivered across the state, which includes 3.2 million individual pieces of PPE. More will be needed to address the imminent threat of new outbreaks.

 

  • Allows KDEM to assist the Kansas Department of Corrections to provide support personnel – including medical and food preparation personnel.

 

  • Allows KDEM to make deliveries of Remdesivir to counties across Kansas. So far, KDEM, along with their state agency partners which include the Kansas National Guard, Kansas Highway Patrol and Civil Air Patrol, have made 26 deliveries of Remdesivir to 10 counties. Remdesivir is delivered to hospitals to treat critical patients, and this service is potentially life-saving for those patients.  KDEM makes these deliveries immediately when needed for patients throughout the state.

 

  • Allows KDEM to continue providing non-congregate shelter for positive and exposed persons who are essential workers. There are currently 50 contracts related to non-congregate sheltering needed for the present disaster. Continuing to provide this support will mitigate the threat to the food supply and the threat of surges in COVID-19 infections.

 

  • Allows medical workers and first responders to rely on the Battelle Critical Care Decontamination System to decontaminate their PPE. This system is provided by FEMA and continuing to provide this service will mitigate the threat of surges in COVID-19 infections.

 

  • Allows KDEM to manage donations and warehouse space necessary to store PPE. This storage is necessary due to the threat of new COVID-19 outbreaks as statewide restrictions are lifted and the economy reopens.

 

  • Allows KDHE to provide community-based testing under the State Emergency Response Plan. Increased testing will help the state mitigate the threat of, or respond to, future outbreaks and allows businesses, employees, and customers to resume economic activity with increased confident that outbreaks will be prevented or mitigated.

 

  • Allows KDEM to continue transporting testing samples. KDEM has transported over 1,000 samples to state labs since April 29, 2020. By transporting the tests via KDEM couriers, the tests arrive at the lab the same date they are collected, and results are provided the following day. Without this same-day service, the results of the tests will be delayed and the ability to contact-trace will be severely limited, risking additional illness and death as well as economic insecurity.

 

  • Allows KDEM to provide translation support. Currently, KDEM is providing 16 translators to support contact-tracing operations to mitigate the current and imminent threat of a new COVID-19 outbreak.

 

  • Allows the Civil Air Patrol to continue to provide needed emergency transportation.

 

If the state disaster declaration is not extended by the Legislature within 15 days, the following significant problems will likely occur:

 

  • Possible closure of meat processing plants;
  • Inability to assist hog farmers with the euthanasia and disposal of excess hogs;
  • The loss of unemployment benefits;
  • Significant delay and possible frustration entirely of the economic recovery of the State;
  • Reduced PPE inventory for healthcare workers and first responders;
  • KDEM would be unable to receive, sort, package, and transport PPE and other commodities to health care workers and first responders;
  • Food shortage and an inability of state agencies to provide the various food programs needed to assist Kansans;
  • Reduced testing and a lack of timely test results;
  • Inability to conduct contact-tracing missions;
  • Increased outbreaks of COVID-19 in the prison population;
  • Increased outbreaks of COVID-19 in nursing homes;
  • Inability to service or transport ventilators or anesthesia machines;
  • Inability to coordinate mission assignments or take emergency actions necessary to deal with issues related to the current disaster;
  • No immunity for state employees or volunteers providing vital services;
  • Inability to initiate and maintain the Kansas Response Plan; and
  • Increased costs to the State of Kansas as a result of losing federal funding.

 

Under the new disaster declaration, the operative provisions of the following Executive Orders will be reissued:

 

  • 20-08: Temporarily expanding telemedicine and addressing certain licensing requirements to combat the effects of COVID-19
  • 20-12: Driver’s license and vehicle registration and regulation during public health emergency
  • 20-13: Allowing certain deferred tax deadlines and payments during the COVID-19 pandemic
  • 20-17: Temporary relief from certain unemployment insurance requirements in response to the COVID-19 pandemic
  • 20-19: Extending professional and occupational licenses during the COVID-19 pandemic
  • 20-20: Temporarily allowing notaries and witnesses to act via audio-video communication technology
  • 20-23: Licensure, Certification, and Registration for persons and Licensure of “Adult Care Homes” during public health emergency
  • 20-27: Temporarily suspending certain rules relating to sale of alcoholic beverages
  • 20-32: Temporary relief from certain restrictions concerning shared work programs
  • 20-33: Extending conditional and temporary relief from certain motor carrier rules and regulations in response to COVID-19

 

Legislative Update by State Senator Caryn Tyson

Caryn Tyson

May 22, 2020

 

Session 2020 Ends  May 21.  A majority of the legislation remaining during the long layoff was stuffed into this last day of session.  The session gaveled in at 8AM and ended 23 hours later.  It seemed like there were 165 legislators with differing views as leadership was determining how to proceed.

 

As Senate tax chair I worked hard for over a year putting together a property tax bill that would stop the ever-increasing property appraisal values from automatically increasing your property taxes.  It’s called property tax transparency, but it is more than that.  Your property taxes can still be raised, but Conference Committee Report (CCR 2702) requires a vote by the governing body to do so.  No more automatic property tax increases.  I carried this important bill on the floor.  It not only contained the property tax transparency, but the bill also removed penalties and interest on property and income taxes during the pandemic, and allows county treasurers the option to setup property tax payment plans.

 

While I was carrying the first bill of the day on the floor, the ranking from the minority party on the Senate Tax Committee introduced an amendment to freeze property taxes for low income seniors and disabled veterans, sometimes referred to as the Golden Years.  This is good legislation as I amended the Golden Years into a bill that passed the Senate in 2019, but it was dead in the House.  No matter how good the amendment, to add it would kill this important bill.  We had just this one day to thread the needle of what would pass the Senate, the House, and the Governor.  The ranking democrat just wanted what he called a postcard vote; a vote to send out postcards against legislators who voted no.  He denied it on the floor but he is recorded before the debate saying he had amendments for ‘postcards’.  The final bill passed the Senate 35 Yes to 2 No votes; the House 89 Yes and 28 No.  It passed by super majority in both chambers.  Now we wait to see what the Governor does; sign it to become law, allow it to become law without her signature, or veto?

 

Liability and Government Control  CCR 2054 was a measured response to your concerns on government overreach, especially during the pandemic.  The Governor ordered a second emergency declaration.  The Attorney General’s position is that the Governor does not have legal authority for the second emergency declaration.

 

CCR 2054 would clarify the Governor’s authority, establishing that the Governor can issue another state-of-emergency with the support of six of eight legislative leaders on the State Finance Council (the Governor is a member with legislative leadership).  CCR 2054 also gives county commissioners the authority to set their own parameters.  They may decide if more or less stringent orders need to be issued and provide oversight to local county health officers.  CCR 2054 establishes a process to get the $1.2 billion federal money where it is needed.  It establishes liability protection from frivolous COVID-19 lawsuits, codifies the Governor’s orders on tele-health, licensing, and other helpful provisions during the shutdown.  There will be an interim committee to study the need for all of these items long term, since the legislation expires in 2021.  It passed with 27 Yes votes and 11 No in the Senate.  I voted Yes.

 

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

Caryn

Quarantine If You Traveled to Lake of the Ozarks

KDHE recommends self-quarantine for Kansans who traveled to Lake of the Ozarks

 

TOPEKA – The Kansas Department of Health and Environment (KDHE) is recommending voluntary 14-day self-quarantine for those Kansans who traveled to Lake of the Ozarks, Missouri, over the Memorial Day weekend and did not use protective measures, such as social distancing and face masks. 

 

Over the holiday weekend, large crowds were reported at the Lake of the Ozarks with no protective practices being followed.

 

“The reckless behavior displayed during this weekend risks setting our community back substantially for the progress we’ve already made in slowing the spread of COVID-19,” Dr. Lee Norman, KDHE Secretary, said. “If you traveled to Lake of the Ozarks over the weekend, we urge you to act responsibly and self-quarantine to protect your neighbors, co-workers and family.”

 

While Lake of the Ozarks is not currently on the mandated travel list, KDHE urges those who traveled over the Memorial Day weekend to self-quarantine for 14 days upon return to Kansas.

 

A list of states on the mandated travel advisory is available at www.kdheks.gov/coronavirus.

Flags Half-Staff For Memorial Day: Prayer For Peace

Governor directs flags be flown half-staff for Prayer for Peace, Memorial Day

 

In accordance with Executive Order 20-30, and in recognition of Memorial Day, May 25, 2020, Governor Laura Kelly has ordered flags throughout the State of Kansas to be flown at half-staff from sun up to noon on May 25. President Donald J. Trump also issued a flag directive honoring Memorial Day, May 25, 2020, as day of prayer for permanent peace.

 

“The military service women and men of this country have dedicated themselves to protecting the American way of life,” Kelly said. “We owe our most sincere gratitude and respect to the generations of military personnel who made the ultimate sacrifice while serving in the United States Armed Forces.”

 

The Memorial Day flag directive will follow the current order to lower flags to half-staff in honor of victims of the novel coronavirus pandemic.

 

To receive email alerts when the governor orders flags to half-staff, please visit https://governor.kansas.gov/newsroom/kansas-flag-honors.

Holiday With Safety in Mind

Governor Kelly encourages Kansans to have a safe Memorial Day Weekend

 

With Memorial Day approaching, Governor Laura Kelly reminds Kansans to enjoy the holiday weekend with safety in mind.

 

COVID-19-related guidance and requirements related to gatherings are outlined in the Governor’s reopening plan, and reflect her decision to move Kansas into a modified version of Phase 2 of the plan, starting Friday. The plan and additional safety guidance can be found at covid.ks.gov.

 

“The Memorial Day weekend is one of the first holidays of the year when people want to get outside and enjoy the weather, and spend time with their families and friends,” Kelly said. “But no one should use this as an excuse to ignore health and safety guidelines.”

 

The following is allowed on Memorial Day, according to “Ad Astra: A Plan to Reopen Kansas”:

 

  • Have a gathering in your home with 15 or fewer individuals, not including those you live with.
  • Use your backyard pool for any parties, so long as mass gathering restrictions are met.
  • Have a drive-through parade, so long as no more than 15 individuals are outside the car and they are able to maintain social distancing.
  • Go to a restaurant with your friends and family, so long as that business meets the necessary health and safety requirements.
  • Engage in outdoor activities at parks or other public spaces, so long as social distancing and mass gathering requirements are met.

 

Here’s what you can’t do on Memorial Day according to the “Ad Astra” plan:

 

  • Hold or attend an in-person fair, festival or parade.
  • Use community, public and other non-backyard pools for parties or gatherings.
  • Go to bars or nightclubs.
  • Have ceremonies or gatherings that violate the mass gathering limit of 15 or more individuals when a 6-foot distance cannot be met, except for infrequent or incidental moments of contact.

 

Additional health tips include:

 

  • Stay home if sick
  • Practice social distancing whenever possible
  • Wash hands frequently with soap and water or use hand sanitizer with at least 60% alcohol
  • Avoid touching your eyes, nose and mouth
  • Cover cough and sneezes into an elbow or tissue
  • Wear masks (especially in places where social distancing is difficult to maintain)
  • Stay home if you or a loved one is considered high risk.

 

For those having parties or gatherings this weekend:

 

  • Have cleaning supplies readily available
  • Avoid using buffets and other self-service food stations
  • Have individuals with gloves and masks serve food
  • Avoid punchbowls or other communal drink stations
  • Use disposable plate and utensils if unable to constantly clean dishes
  • Plan outdoor activities rather than indoor ones
  • Practice social distancing and maintain ventilation through your home by opening doors or windows if engaging in indoor activities.

 

For more information on health and safety guidance, or to see Governor Kelly’s reopening plan, visit the Kansas COVID-19 Response and Recovery website.

Flags Half Staff to Honor Victims of COVID 19 on May 22-24

Governor Laura Kelly orders flags to be flown at half-staff in honor of Victims of the Novel Coronavirus Pandemic

 

In accordance with Executive Order 20-30, and following the proclamation of President Donald J. Trump, Governor Laura Kelly has ordered flags throughout the State of Kansas to be flown at half-staff, from Friday, May 22, 2020, to sunset on Sunday, May 24, 2020 in honor of the Victims of the Novel Coronavirus Pandemic.

 

“The death toll due to coronavirus is devastating in Kansas and beyond,” Kelly said. “We all have an obligation to honor those lost to the virus, to include courageous frontline workers who literally gave their lives to help and protect others during this pandemic.”

 

To receive email alerts when the governor orders flags to half-staff, please visit:

https://governor.kansas.gov/newsroom/kansas-flag-honor

Statement on Attorney General’s recent opinion and the Legislature’s actions

 

The following statement is from the Office of the Governor:

 

Governor Kelly welcomes an honest conversation about the Kansas Emergency Management Act.

The Act has been in place for nearly 45 years and has served the state well for more common emergencies like fires, floods and tornadoes.

In fact, not since the Spanish Flu hit our state more than 100 years ago has any governor been forced to take the steps Governor Kelly has taken to protect the safety and health of all Kansans.

Ironically, KEMA was the modernization of several earlier emergency powers granted to the governor, by the Legislature, following the 1918 pandemic.

 

Unfortunately, this is not an honest conversation about reviewing and modernizing KEMA.

If it were, the Attorney General would not have released his legal opinion in the middle of the night right before the last day of the legislative session, and the Legislature would not be trying to cram multiple pieces of legislation – many of which have not been thoroughly vetted by the public – into what is traditionally a ceremonial end of the legislative session.

 

Governor Kelly welcomes the conversation about KEMA, but in a thoughtful manner that allows stakeholders like local government officials and emergency managers to weigh in on this important subject.

For her part, the Governor will bring the same bipartisan approach she has shown – which received praise yesterday from President Trump – to the conversation and to ultimately finding a non-political solution that works for all Kansans.

 

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