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Kan. bill would define fantasy sports as games of skill

By Austin Fisher

TOPEKA — Rep. Brett Hildabrand (R-Shawnee) reiterated his support on Tuesday to define fantasy sports contests as games of skill rather than lotteries.

Identical bills in House and Senate committees would define playing in fantasy sports as games of skill rather than gambling. Last August the Kansas Racing and Gaming Commission wrote on its website that private fantasy sports are illegal because they meet the criteria of gambling.

“If a fantasy sports league has a buy in and gives a prize, then all three elements of an illegal lottery are satisfied,” the commission wrote.

Illegal gambling, including any lottery that is not regulated by the commission, is a class B misdemeanor in Kansas that can result in up to six months in jail and a $1,000 fine.

Fantasy league players select a team of real athletes and gain points for how the players perform in actual games. Some fantasy league players pay for advice, research, and analysis to inform their choices while others win through their own knowledge and individual commitment to the league.

Fantasy sports providers can offer cash prizes to league winners based on entry fees. The legislation focuses on leagues that award cash prizes whether or not the prize is based on entry fees.

Hildabrand said the vast majority of players do not know that they’re on the wrong side of the law.

“The commission has said that they do not have any intent to prosecute those participating, however, I consider myself a rule of law person,” Hildabrand said. “I believe that if we have rules and laws in statute that they should count for something. They should either be enforced or they should not be a policy to begin with.”

Sen. Tom Holland (D-Baldwin City) said he considers Texas Hold ‘em to be a game of skill, and asked Hildabrand if the bill would pave the way for similar games to slip out of the definition of gambling.

“I suppose that is a possibility,” Hildabrand said. “But this legislation specifically calls out fantasy sports. So any other activity would still be classified as gambling.”

Jeremy Kudon, a lawyer for the Fantasy Sports Trade Association (FSTA), said almost 40 million Americans including nearly 500,000 Kansans play some form of fantasy sports.

“They do so because fantasy sports are a form of entertainment that allows players to have a deeper appreciation for the sports that they love,” Kudon said.

The FSTA estimates that players in the United States and Canada spent $1.7 billion on league fees in 2014.

Derek Hein, a lobbyist for the FSTA, said the bill clarifies state law to match the federal Unlawful Internet Gambling Enforcement Act of 2006 that defines fantasy sports as a “game of skill.”

“We believe that the Kansans who are currently participating in fantasy sports should be permitted to do so without concern about legality of the contests that they enjoy,” Hein said.

The committee took no action on the bill but it might be up for more work next Thursday.

Austin Fisher is a University of Kansas senior from Lawrence majoring in journalism.

FHSU IFC issues statement about OU fraternity incident

fhsu ifc logoFHSU University Relations

On Monday, a video became public that showed members of Sigma Alpha Epsilon fraternity at the University of Oklahoma chanting racist remarks. As a result, the national fraternity headquarters and the University of Oklahoma ordered the OU chapter of the fraternity to be disbanded effective immediately.

As a result of this incident, members of fraternities at Fort Hays State University engaged in a conversation about the values their organizations are founded upon and the importance of maintaining inclusive environments on the FHSU campus. All members agreed that racism and discrimination have no place in our community. The FHSU Interfraternity Council composed the following statement:

“The Interfraternity Council at Fort Hays State University does not tolerate behavior that contradicts the values of each of its member fraternities. Our members feel the incident at the University of Oklahoma displays the type of behavior that goes against the values of fraternity life. When members are initiated into a Greek organization, they commit themselves to upholding the values on which each organization was founded. The North American Interfraternity Conference ‘encourages each member fraternity to continually intensify efforts to educate members in fraternal principles and ideals regarding positive human interaction.’ Our local chapters, including Sigma Alpha Epsilon, exemplify their values daily as they interact with others in their chapters, on campus and within the community. As a fraternity community, we regularly discuss our values in our council meetings, retreats and in our everyday activities. We will continue to strive to create an inclusive environment where all individuals feel welcomed into fraternity life at Fort Hays State University.”

Fraternity and Sorority Life at Fort Hays State University represents more than 200 students in seven different chapters. At FHSU, 93 percent of fraternity/sorority members are involved in at least one other campus or community organization. Members raise nearly $10,000 for charity and complete approximately 5,000 hours of community service annually. The community is committed to the values of Academic, Leadership, Social, Empowerment and Service.

For additional information or questions, contact Jacob Ternes, coordinator of student involvement and Greek life, at 785-628-4664.

HPD Activity Log March 10

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THe Hays Police Department responded to 9 animal calls and 23 traffic stops Tuesday, March 10, 2015, according to the HPD Activity Log.

Drug Offenses–300 block W 9th St, Hays; 2:09 AM
Abandoned Vehicle–1400 block Pine St, Hays; 4:49 AM
Animal At Large–2500 block E 21st St, Hays; 6:54 AM
Animal At Large–100 block W 10th St, Hays; 7:49 AM
Animal At Large–2700 block Epworth St, Hays; 8:06 AM
Assist – Other (not MV)–2900 block Skyline Dr, Hays; 8:25 AM
Found/Lost Property–3500 block Vine St, Hays; 9:34 AM
Animal At Large–1000 block Reservation Rd, Hays; 10:00 AM
Animal Cruelty/Neglect–2500 block Canterbury Dr, Hays; 11:43 AM
Animal Cruelty/Neglect–2200 block Canterbury Dr, Hays; 12:08 PM
MV Accident-Private Property–4300 block Vine, Hays; 12:06 PM
Suspicious Activity–2400 block E 13th St, Hays; 1:11 PM
Civil Dispute–Hays; 2:44 PM
Juvenile Complaint–100 block E 28th St, Hays; 2:42 PM
Assist – Other (not MV)–Hays; 4:52 PM
Violation of Restraining Order/PFA–1000 block Reservation Rd, Hays; 5:21 PM
Welfare Check–400 block E 17th St, Hays; 6:44 PM; 7:07 PM
Welfare Check–500 block Halladay St, Hays; 9:00 PM
Welfare Check–200 block W 4th St, Hays; 10:23 PM

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3 Kansas women hospitalized after collision

HAVEN – Three people were injured in an accident just after 6 p.m. on Tuesday in Reno County.

The Sheriff’s office ported a vehicle driven by Francis Peterson, 62, Yoder, collided with a vehicle driven by Evelyn Hufford, 71, Hutchinson, a the intersection of Kansas 96 and Arlington Road.

Emergency Medical Service transported Peterson, Hufford and a passenger in her car Edith Johnson, 50, Hutchinson, to Hutchinson Regional Medical Center

Moran’s Wounded Warriors Federal Leave Act Unanimously Passes Out of Committee

WASHINGTON – U.S. Senator Jerry Moran’s (R-Kan.) bipartisan legislation to make sure disabled veterans who work for the federal government can get the medical care they need unanimously passed out of the Homeland Security and Governmental Affairs Committee. Sen. Moran’s Wounded Warriors Federal Leave Act (S. 242), which he introduced along with Sen. Jon Tester (D-Mont.) in January, would provide first-year federal workers who have service-related disabilities with sick leave to use specifically for medical visits. Service-disabled veterans would no longer have to make the hard decision between receiving care and taking unpaid leave after they start their new job.

“Service-disabled veterans who have served our nation with duty and honor deserve peace of mind when transitioning into the federal workforce and civilian life,” Sen. Moran, a member of the Senate Veterans’ Affairs Committee said. “The Wounded Warriors Federal Leave Act will help make sure certain veterans can pursue a career in the federal government and support their families while also addressing their medical treatment needs. I am pleased that it will now move to the full Senate for consideration.”

Currently, first-year government workers accrue four hours of sick leave each pay period, forcing many veterans with disabilities to take unpaid leave because they have not built up the necessary leave time.

The bill supports first-year federal employees with a service-connected disability rating of 30 percent or more.

Sen. Moran’s bill is supported by The American Legion, the American Federation of Government Employees, the Veterans of Foreign Wars, and the National Treasury Employees Union, among others.

The Wounded Warriors Federal Leave Act is available online HERE. Similar legislation has been introduced in the House of Representatives.

Area teams highlights Eagle’s coverage of high school state basketball

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1A-D1 girls
No. 1 Hoxie v. No. 8 La Crosse – 2:45 p.m. on 101.9 The Bull

The La Crosse girls have a tough task as they take on top-ranked Hoxie in the first game of the day at 1A Division I in Emporia. It’s the Leopards first state appearance since 1989.

Hoxie has won a state record 92 consecutive games.

No. 3 St. Paul v. No. 6 Thunder Ridge – 8:00 p.m. on The Bull
The Thunder Ridge girls make their second state tournament appearance in three years and will have the final game of the day against St. Paul.

Thunder Ridge is 19-3 and St. Paul is 21-2.

2A boys
No. 2 St. John v. No. 7 Ellis – 6:15 p.m. on 96.9 KFIX

The Ellis boys make their first state appearance 2003 when they take on top-ranked St. John at 6:30 in 2A in Manhattan.

The Railers are 18-5 while the Tigers are 23-0.

4A-D2 boys
No. 4 Wichita-Trinity v. No. 5 TMP-Marian – 8:00 p.m. on 14-KAYS and online at HayPost.com.

The TMP-Marian Monarchs make their first state tournament appearance since 2007 Wednesday night when they take on Wichita Trinity in the last quarterfinal at 4A Division II at Hartman Arena in Park City.

The 16-6 Monarchs are the five seed and have won five straight and 13 of their last 15.

Trinity – who plays in the Central Plains League – is 19-3.

REMINDER: 2014 Farm Bill webinar offered by K-State Extension

The K-State Research & Extension Agricultural Economics Department is hosting a final update to the Agricultural Act of 2014, more commonly known as the Farm Bill.

It will be an hourlong webinar to update farmers and others on the decision between selecting the Price Loss Coverage vs. Agricultural Risk Coverage. The update will highlight some of the new resources available and also the Marketing Year Average price estimates after the January prices are released.

Presenters will be K-State Ag Economists Art Barnaby and Mykel Taylor. Questions from the audience can even be addressed by the speakers at this webinar, and Ellis County Extension agent Stacy Campbell and Ellis County FSA Director Greg Kerr will be available to facilitate this webinar and to also help answer questions.

The Ellis County Extension Office and Ellis County Farm Service Agency are partnering to offer this webinar at the Agriculture Research Center in Hays, 1232 240th Avenue beginning at 11 a.m. Wednesday. It is free to attend and no RSVP is necessary.

For more information, call (785) 628-9430.

Hawver: Kan. Supreme Court and the Bill of Rights

martin hawver line art

Because in Topeka most everything is political, the Kansas Supreme Court issued an opinion last week that puts it on the side of the Fourth Amendment to the U.S. Constitution—and is probably wondering whether anyone noticed.

That Fourth Amendment, you might recall from your high school government class, is the protection from unreasonable searches and seizures. Now, it doesn’t get as many T-shirts printed as the 1st (freedom of expression) or the big-time Second Amendment about the right to pack guns, but No. 4 is a relatively popular amendment on a slow day.

Here’s what happened: A couple cops in Emporia on the afternoon of June 22, 2011, went to a house to serve a warrant on someone, and instead found that guy’s friends walking around the side of the house with dogs on leashes. The dogs get loose, and while one cop is talking to the dog guys who had picked up the leashes, the other cop wanders around to the back of the house to see whether the dog owners or anyone else had weapons that they might or might not ambush the cops with.

Oh, and around at the back of the house, the law enforcement officer spotted a drain pipe with a baggie of methamphetamine next to it. The dope was taken, the men arrested, and then the constitutional fun started.

One of those arrested didn’t own the house but was staying there and maintained that the wandering officer had unreasonably searched the property, violating the constitutional protection of good old Amendment 4. The area searched: The curtilage of the property. Curtilage is that area around a house, typically in the backyard, that can’t be seen from the street and where a homeowner might relax, maybe even barbecue, and it is considered protected from unreasonable searches and seizures without a warrant—just like the inside of the home.

Well, the Emporia judge said that the dope found at the back of the house was in the curtilage, where the police look-about was an unconstitutional search of a citizen’s home, and that neither the backyard dope nor that dope they later found in the pocket of one of the guys out front, who was arrested based on the backyard dope, could be used as evidence.

The Kansas Court of Appeals? It overturned the local judge, and the Kansas Supreme Court overturned the Court of Appeals last week, saying the Emporia District Court judge had the right view of the Constitution.

We doubt that the Supreme Court is going to start wearing “I protect your curtilage” T-shirts (or what color they would be); it did protect that constitutional right against searches of homes and their backyards.

You have to wonder whether any Constitution-waving legislators who are snipping away at the funding and method of selecting Supreme Court justices will notice—or decide that even though the Supremes ruled against the state over school finance laws, maybe the Supreme Court isn’t the problem.

It could, we suppose, be portrayed as a Supreme Court move to prevent prosecution of a couple fellas for violating drug laws, no matter whether it took an unconstitutional search to make the case. Gotta wave that Constitution, but maybe not so energetically when it concerns dopers?

Interesting case, but don’t look for the Supreme Court to tell legislators that they put the Court of Appeals back on the leash under a system in which the Kansas Supreme Court Nominating Commission selects candidates for vacant high court seats, and now the governor just appoints subject to Senate confirmation the Appeals Court judges.

Because it doesn’t take much of a stretch to determine the Kansas Supreme Court is within the curtilage of the Statehouse, and you probably ought not look at what happens there.

Oh…and don’t mention the Kansas Supreme Court this spring when your spouse tells you to mow the curtilage…

Syndicated by Hawver News Co. of Topeka, Martin Hawver is publisher of Hawver’s Capitol Report. To learn more about this nonpartisan statewide political news service, visit www.hawvernews.com.

Alene Nell Fisher

Alene Nell Fisher, age 96, passed away on Sunday, March 8, 2015, at Wichita County Health Center in Leoti, Kansas.

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Alene was born August 30, 1918 near Ingalls, Kansas, the daughter of Alvin H. & Bertha Mae Crick Hewes. A resident of Wichita County since the 1930’s, she was a homemaker and farm wife.

Alene was a member of the United Methodist Church and Rebekah Lodge both in Leoti, Kansas.

On August 28, 1938 she married Jess L. Fisher at Lakin, Kansas. Jess passed away on December 14, 1982 in Leoti, Kansas

Alene’s surviving family includes-

Three Children-

John A. & Evelyn Fisher- Honolulu, Hawaii

Jalene K. & Christopher Conrad- Wray, Colorado

Clark M. Fisher- Leoti, Kansas

Eight Grandchildren-

Trevor & Shylyn Fisher- Scott City, Kansas

John D. & Kayla Fisher- Scott City, Kansas

Robin & Ken Fisher-Bleichwehl- Denver, Colorado

Brianne & Jay Fulmer- Anchorage, Alaska

Keenan Conrad- Wray, Colorado

Shaw Conrad- Wray, Colorado

Camilla Conrad- Wray, Colorado

Masten Conrad- Denver, Colorado

Six Great Grandchildren-

Paige Fisher- Scott City, Kansas

Brooke Fisher- Scott City, Kansas

Jaxon Fisher- Scott City, Kansas

Kinsey Fisher- Scott City, Kansas

Lexington Avery Fulmer- Anchorage, Alaska

Sophia Conrad- Wray, Colorado

Her parents, husband and in 1949, a daughter, Emmalee Fisher, preceded her in death.

Funeral services will be held at 2:00 pm Friday, March 13, 2015 at the United Methodist Church in Leoti, Kansas with the Reverend Brad Kirk officiating.

Burial will be in Leoti Cemetery in Leoti, Kansas.

Friends may call from 5:00 pm until 8:00 pm Wednesday and from 10:00 am until 8:00 pm Thursday at Price & Sons Funeral Home in Leoti, Kansas.

Memorials may be given to Leoti EMT’s, United Methodist Church, Museum of the Great Plains or Wichita County Long Term Care Center in care of the funeral home.

Condolences may be sent to the family through the funeral home website at priceandsons.com
– See more at: https://priceandsons.com/tribute/details/1539/Alene_Fisher/obituary.html#sthash.eUt0gJfC.dpuf

Many more in Kan. and Mo. sign up for coverage at healthcare.gov

By Alex Smith

Twice as many Kansans and Missourians signed up for health insurance this year under the Affordable Care Act compared with the first enrollment period last year, new figures released Tuesday show. More than 250,000 Missourians and nearly 100,000 Kansans selected plans on the federal insurance exchange, according to the U.S. Department of Health and Human Services.

Those counts reflect enrollment numbers for the period from Nov. 15, 2014, through Feb. 15, 2015, and includes additional special enrollment activity through Feb. 22.

Overall, nearly 11.7 million people nationwide signed up for coverage through healthcare.gov or through exchanges operated by the states, HHS said.

Neither Kansas nor Missouri set up their own exchanges, or insurance marketplaces, so residents had to sign up through the healthcare.gov platform. Only 14 states operate their own exchanges. About 52 percent of Kansas and Missouri enrollees were new, the data show. The rest re-enrolled. Eighty percent of Kansas enrollees and 88 percent of Missouri enrollees received federal subsidies in the form of tax credits to help pay for their insurance, HHS said.

As was the case in nearly every state, older consumers accounted for the biggest single group of enrollees. People age 55-64 made up 25 percent of those who signed up in Kansas and Missouri.

The average monthly premium in Kansas was $301, HHS said, falling to $90 after tax credits. In Missouri, the average premium was $363, falling to $82 after tax credits. About 11 percent of Latinos and 17 percent of African Americans selected plans, unchanged from the first enrollment period. HHS cautioned those figures probably underrepresent the actual numbers because nearly a third of enrollees did not identify their race or ethnicity.

Though the official open enrollment is over, HHS has created a special open enrollment extension to help consumers who were confused about the deadlines and tax penalties for failing to obtain coverage. The so-called extra enrollment period lasts through April 30.

 

Alex Smith is a reporter for Heartland Health Monitor, a news collaboration focusing on health issues and their impact in Missouri and Kansas.

Hydrant testing and flushing continues

hfd fhsu hydrantHays Fire Department

The City of Hays Fire Department will be inspecting fire hydrants and flushing water mains Wednesday, March 11, in the area north of 27th St. to 33rd St. between Vine St. and Canterbury. This is part of a coordinated effort by the City of Hays to inspect all fire hydrants in the city and flush all water mains annually.

Inspecting fire hydrants ensures that the valves operate properly and that there is no damage or obstructions that will prevent or interfere with the prompt use of fire hydrants in an emergency. Firefighters are also checking the pressure and volume of water mains in each neighborhood for firefighting purposes.

The associated flushing of water mains allows chlorine to be distributed throughout the system to eliminate bio-filming in the water mains.

Slight discoloration of the water supply may be encountered although there will be no health risks to the consumer. All reasonable efforts will be taken to minimize the inconvenience to the public. Drivers are asked to avoid driving through water discharging from a fire hydrant during the short flushing period.

For more information, contact the Hays Fire Department at (785) 628-7330.

Sunny, warmer Wednesday

Screen Shot 2015-03-11 at 5.49.07 AMHighs today and tomorrow will be in the 70s with mostly clear skies

Today Sunny, with a high near 75. Calm wind becoming southeast 5 to 8 mph in the morning.
Tonight Clear, with a low around 40. South southeast wind 8 to 10 mph.
Thursday Sunny, with a high near 73. South wind 9 to 18 mph, with gusts as high as 28 mph.
Thursday Night Mostly clear, with a low around 40. South southeast wind 6 to 10 mph becoming west southwest after midnight.
Friday Mostly sunny, with a high near 69. West northwest wind 6 to 16 mph becoming north in the afternoon.
Friday Night Partly cloudy, with a low around 38.
Saturday Sunny, with a high near 65.
Saturday Night Mostly clear, with a low around 37.
Sunday Sunny, with a high near 73.

FHSU baseball comes up short in slugfest with Colorado Mines

FHSU Athletics

Fort Hays State outhit Colorado School of Mines on Tuesday but fell short in its comeback effort, dropping a 16-12 contest at Larks Park. FHSU, which had seven doubles and three home runs as part of its 15-hit effort on the day, is now 3-8 overall this season.

Austin Unrein led the Tigers with three hits on the day, finishing 3-for-4 with a walk, two RBI, a double and a home run. Connor Ross has three hits as well, going 3-for-5. The Tigers’ team-leader in RBI was Cooper Langley  (2-for-5), who drove in four and had a double and a home run. Kevin Czanecki (two RBI), Gus Strunk  (two RBI), Nick Hammeke (two RBI) and Andre Vieyra also had doubles for the Tigers while Czarnecki also hit his first home run of the season.

On the mound, Tyler Patty started the game and threw into the fifth, giving up nine runs (six earned) on seven hits while striking out six. Will Amen threw the remainder of the fifth, allowing one run (earned) with two strikeouts and two walks, while Ty Thomas (0-1) was tagged with the loss after allowing four runs in 0.2 innings off three hits. Kyle Vogt threw the final 3.2 innings of play, giving up two more runs (both unearned) with four strikeouts.

FHSU fell behind 4-0 through the first 2.5 innings, but stormed back with six runs in the bottom of the third to take a 6-4 lead. With one out, Hammeke doubled to right before taking third on Caleb Cherryholmes’ single up the middle. Strunk followed with a double to right center to score two, coming home himself on Unrein’s home run to right in the next at-bat. Czarnecki and Langley continued the rally with back-to-back doubles to score Czarnecki, and after Connor Ross reached on a single, both runners moved up on an error – which allowed Langley to score.

After CSM struck with three runs of its own in the top of the fourth, FHSU with another three, coming on Langley’s two-out, three-run blast. After Unrein doubled and Czarnecki walked, Langley took a 1-0 pitch over the center field wall for his third home run of the season, knotting the game at 9-all.

From there, however, the Tigers’ bats were held quiet as the Orediggers built up a 16-9 lead over the next 3.5 innings. In the bottom of the eighth, FHSU scored three, but it was too late for the Tigers as CSM held on for the win. Unrein led off the eighth with a walk, scoring on Czarnecki’s home run to left in the next at-bat. With one out, Ross doubled to left and took third on a Casey Sedbrook groundout. During Vieyra’s at-bat, Ross came home on a wild pitch to close out the Tigers’ scoring.

For Colorado Mines, Clark Martin (1-0) earned the win after throwing a scoreless fifth inning and Connor Lambert was credited with the save, tossing the final four innings. Lambert and Shane Johnson each had four RBI for the Orediggers, who hit a combined five home runs in the game.

Fort Hays State heads to Wichita, Kan., on Wednesday for another midweek game, taking on Newman at 3 p.m.

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