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Kan., Mo., join states arguing against Affordable Care Act

Missouri and Kansas have joined 18 other states in seeking to have the Affordable Care Act declared unconstitutional following Congress’ repeal last year of the tax penalty associated with the individual mandate.

Kansas Gov. Jeff Colyer, a plastic surgeon from Johnson County, supports the state’s latest legal challenge to the Affordable Care Act. Kansas and several other states say Congress’ elimination of of tax penalties on people who don’t obtain insurance effectively nullifies Obamacare.
CREDIT FILE PHOTO / KANSAS NEWS SERVICE

In a lawsuit filed late Monday in federal court in Texas, the coalition of 20 mostly red states claimed that the elimination of the tax penalty for those who don’t buy health insurance renders the entire healthcare law unconstitutional.

In announcing that Missouri had joined the lawsuit, Missouri Attorney General Josh Hawley said in a statement that the Affordable Care Act “was never constitutional.”

“My office will continue to fight to take health care choices out of the hands of D.C. bureaucrats and put them in the hands of families and physicians,” Hawley said.

Hawley’s statement that the Affordable Care Act, also known as Obamacare, was never constitutional flies in the face of the U.S. Supreme Court’s 2012 decision finding that the mandate was constitutional under Congress’ power to levy taxes.

The 20 suing states are now citing that same decision to argue that with the tax penalty eliminated, the mandate — and with it the entire law — should be struck down.

“The U.S. Supreme Court already admitted that an individual mandate without a tax penalty is unconstitutional,” Texas Attorney General Ken Paxton said in a statement. “With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all.”

Paxton and Wisconsin Attorney General Brad Schimel are leading the lawsuit, which was filed in federal court in Fort Worth.

The Affordable Care Act’s individual mandate, the most controversial part of Obamacare, was meant to force younger and healthier people to get coverage to help keep premiums low.

Kansas Gov. Jeff Colyer, who assumed office last month after Sam Brownback took a job with the Trump administration as U.S. ambassador of religious freedom, said he supports the legal challenge.

In a statement released by Kansas Attorney General Derek Schmidt, Colyer, a plastic surgeon, said, “The legal and policy failures of Obamacare are well known, and I am pleased that Kansas is joining this new effort to expose them.”

The Republican-led Congress eliminated the requirement that individuals have health insurance or pay a tax penalty as part of the tax overhaul it passed in December on a strictly party line vote. But the mandate that people have health insurance technically remained in place.

In addition to Missouri, Kansas, Texas and Wisconsin, the other states joining the suit are Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Louisiana, Maine, Mississippi, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah and West Virginia.

All but eight of those 20 states have opted not to expand Medicaid under the Affordable Care Act.

Dan Margolies is a senior reporter and editor for the Kansas News Service. You can reach him on Twitter @DanMargolies.

National dementia advocate and educator to speak at FHSU 

Teepa Snow

FHSU University Relations

Registration for three educational sessions on dementia by nationally recognized expert Teepa Snow are now open to health professionals and the public.

Fort Hays State University’s College of Health and Behavioral Sciences and the Alzheimer’s Association have joined to bring Snow to FHSU on Thursday, March 29. Each session will be in the Memorial Union’s Fort Hays Ballroom on the FHSU campus.

Snow, a leading advocate and educator for those living with dementia, is one of America’s leading educators on dementia with over 30 years of experience.

Session 1: Cost $10
8:30 a.m. to 10 a.m. – “Dementia 360: Seeing it From All Directions.”
Session 2: Cost $10
10:30 a.m. to noon – “Learning the Difference between Confrontational & Supportive Communications.”
Session 3: Cost $20
1 p.m. to 4 p.m. – “Making Moment of Joy – It’s What You Choose to Do as a Caregiver.”

A certificate of completion and light snacks and drinks will be provided for each session.

Registration is required for each session. To register or for more information about the speaker and sessions, visit https://www.fhsu.edu/chbs/teepa-snow/index.html.

If needing assistance with registration, contact the Alzheimer’s Association at 1-800-272-3900.

🎥 Historical mural may grace Hays’ largest water tower

Hays artist Dennis Schiel points to his design idea for a historical mural he wants to paint on the Sternberg water tower.

By BECKY KISER
Hays Post

The two water towers in Hays need to be repainted and a local artist hopes to add a historical mural to the biggest tower.

Dennis Schiel showed his vision for the 1-million gallon tower near the Sternberg Museum of Natural History to city commissioners Thursday night.

“That buffalo you see here is three times as big as the one on the FOX building,” Schiel told commissioners. “Wild Bill Hickok, from the knees up, will be 67 feet high.”

Schiel was referring to the historical mural he painted two years ago for the Ellis County/Hays sesquicentennial on the north brick wall of the FOX Pavilion in downtown Hays. A replica of that mural is hanging on the wall of the city commission chambers in city hall. Last year Schiel created a second large mural on the north side of the Hays VFW on Vine Street which depicts 150 years of military history.

The 80-foot-tall water tower mural would also include a train and a farmer.

“For me, this is going to be great,” Schiel said. “Everybody driving on I-70 is going to see my artwork. For the city of Hays, it’s probably going to be just as great.”

He estimates it would cost $260,500 to paint the mural. Schiel plans to apply for a Dane G. Hansen grant as well as solicit other financial donations from the community, which would likely be done under the auspices of the Hays Arts Council. City Attorney John Bird suggested also checking with the Union Pacific Railroad Foundation about grant possibilities.

Schiel wants to do the work in 2019, which would take 12 “dry” months. “It would be completed in 2020, but it may go faster than that.”

He expects the paint job would last at least 20 years.

Vice-Mayor Henry Schwaller questioned how donor names would be included in the work. Schiel suggested a kiosk that would include information about the Hays art community.

“We were talking about that,” Schiel told Schwaller.

“With it being right across from the Sternberg Museum, I think people will drive into that spot. I think eventually we have to think about making a kiosk right there to say this is what Hays has for the arts. We have all these (limestone) statues from Pete Felten, these murals, the arts council. We have all this stuff going on. This would be a perfect place for a kiosk and that might be where the donor names would go, rather than on the mural.”

“I like that idea a lot,” Schwaller said. Commissioner Sandy Jacobs agreed.

All the commissioners supported the idea, but Chris Dinkel had some reservations. “I like the canvas and the concept,” said  Dinkel, “but I’m not sure about the content.”

Dinkel said he “loves” Schiel’s other murals, especially the downtown mural which really “fits who we are downtown and the marketing for it. The same is true for the VFW.”

“With the water tower, I get the draw of the history side, but I’m not sure this really does anything for the brand of Hays,” Dinkel said. “I’m not saying I don’t like it, but this would make us look like a ‘Boot Hill’ type of town, and we don’t really have anything to follow up with that like Dodge City would or Abilene would.

“I think there’s a lot more Hays has to offer than just bison and Hickok, Cody and Custer,” said Dinkel.

Schiel countered with his historical research about Hays.

“Those three people were involved with Hays. The buffalo was great big in Hays, that’s why they all came here, and the railroad was part of that. This is the history I want to represent.” As he traveled around the state, Schiel said he learned Hays has the top “two or three cowboy history in Kansas.”

Commissioner Shaun Musil has Schiel’s downtown mural on his Facebook page.

“I love your work but I kind of disagree with the train,” Musil said. “I’ve never seen Hays do anything to promote the railroad since I’ve been here the past 20 years.”

“Well, Union Pacific did tear our train depot down in the dead of the night,” Bird recalled with a chuckle. “It was not a good thing.”

Mayor James Meier believes the 40 & 8 World War II boxcar in Hays is “also pretty historically significant. I don’t know if you could incorporate that or not,” he said to Schiel. “I’m not an artist,” Meier conceded. “I’ll leave that up to you. It’s just a suggestion.”

“We can’t lose our history,” Jacobs said adamantly. “We may not be Boot Hill, but we have all the historical markers downtown and people who really know a lot about it giving tours.

“I appreciate Commissioner Dinkel’s concerns,” Jacobs added,” but I like this mural.” Schwaller agreed.

Melissa Dixon, director of the Hays Convention and Visitors Bureau, was in the audience but did not make any comments.

Jeff Crispin, director of water resources, told commissioners repainting of both two water towers is scheduled for 2019 in the Capital Improvement Plan, but can be moved up to 2018 to accommodate Schiel’s schedule.  “City staff has no problem moving the projects up as adequate monies exist in the reserve funds to pay for them,” Crispin advised.

The north water tower at 55th Street along Highway 183 was constructed in 1994 and holds 500,000 gallons. This will be the first time it is repainted, a cost estimated at $100,000.

The Sternberg tower was last recoated in 1997 and now has flaking lead paint which is an environmental concern. Lead remediation is much more costly. The cost estimate for the east tower is $550,000.

“When they sandblast the tower to remove the paint, they basically have to enclose the tower,” explained Crispin. “Usually there’s some sort of structure inside. It’s contained. They take care of the lead and dispose of it properly. We won’t have to deal with the lead again.”

Fort Hays State University has provided a letter of support to update its logo portion of the tower at the university’s expense as part of the project. The “All America City” logo, added after Hays won that designation in 1996, would be removed.

More information about repainting the water towers will be presented at a future city commission meeting.

Windy, warmer Saturday


Today
Sunny, with a high near 76. Windy, with a south wind 13 to 18 mph increasing to 20 to 25 mph in the afternoon. Winds could gust as high as 36 mph.

Tonight
Partly cloudy, with a low around 51. South wind 15 to 18 mph.

Sunday
Mostly sunny, with a high near 78. Windy, with a south wind 16 to 21 mph increasing to 24 to 29 mph in the afternoon. Winds could gust as high as 40 mph.

Sunday Night
Mostly clear, with a low around 35. Breezy, with a south wind 17 to 24 mph becoming west northwest after midnight.

Monday
Sunny, with a high near 53. Very windy, with a west northwest wind 18 to 23 mph increasing to 29 to 34 mph in the afternoon.

Monday Night
Mostly clear, with a low around 28. Windy.

Tuesday
Mostly sunny, with a high near 47. Windy.

Tuesday Night
Partly cloudy, with a low around 20. Blustery.

Wednesday
Sunny, with a high near 47.

Rural Kan. fire burns more than 1 thousand acres

By Dewey Terrill

GEARY COUNTY —Firefighters converged on a rural location about seven miles east of Junction City Friday afternoon to battle a fast-moving fire that covered rural open land.

Friday fire in rural Geary Co.

No one was injured and no structures were damaged.

Geary County Rural Fire Chief Garry Berges estimated that approximately 1,000 acres of grassland burned in the blaze which covered portions of Geary and Riley counties.  Berges said firefighters got the call to respond to the Interstate 70 location where the blaze began near mile post 305 about 3:30 to 3:45 p.m. “Looks like somebody driving along probably discarded some smoking material out. It just started roaring straight north, all open ground aided by the wind. My first fire truck on scene said he was doing 35 mph across country and couldn’t keep up where the fire was.”

Berges noted Geary County Rural Fire responded with eight trucks, Riley County had eight or nine, the Fort Riley Fire Department two trucks and the Kansas Forestry Task Force based in Manhattan provided two trucks and a supervisor vehicle. Additional assistance came from the Grandview Plaza Fire Department and numerous farm producers who provided water to help battle the blaze.

Earlier about 10:30 Friday morning Geary County rural firefighters also responded to a small blaze near I-70 milepost 309 in the eastern part of the county where an estimated two to three acres burned. No one was injured there. Berges confirmed that blaze was put out quickly.

 

Friday high school basketball scoreboard

BOYS PREP BASKETBALL

Class 2A Sub-State Semifinal

Bennington 61, Republic County 55

Burlingame 52, Olpe 46

Central Plains 55, Pratt Skyline 19

Hillsboro 61, Moundridge 50

Hoxie 83, Hill City 36

Inman 37, Berean Academy 29

Johnson-Stanton County 58, Hodgeman County 40

Lyndon 39, Jackson Heights 32

Macksville 67, Ness City 52

Maranatha Academy 76, Yates Center 68

Pittsburg Colgan 53, KC Christian 36

Plainville 81, St. Francis 75

Salina Sacred Heart 67, Smith Center 27

Sedan 46, Cedar Vale/Dexter Co-op 29

Spearville 47, Meade 38

West Elk 61, Medicine Lodge 49

Class 4A Division 1 Sub-state Semifinal

Andover Central 78, Rose Hill 49

Arkansas City 65, Wellington 34

Augusta 71, Mulvane 49

Basehor-Linwood 60, Atchison 25

Bishop Miege 68, Eudora 36

Bonner Springs 65, KC Sumner 59

Buhler 57, Hays 52

Circle 55, Abilene 53

Coffeyville 61, Winfield 41

Independence 60, Fort Scott 49

KC Piper 57, Tonganoxie 39

Labette County 61, Chanute 49

McPherson 75, Ulysses 32

Paola 47, Ottawa 42, 2OT

Spring Hill 41, Louisburg 33

Wamego 51, El Dorado 45

Class 4A Division II Sub-State Semifinal

Andale 46, Wichita Collegiate 41

Anderson County 70, Osawatomie 31

Baxter Springs 60, Columbus 47

Burlington 87, Baldwin 69

Chapman 60, Concordia 58

Frontenac 61, Iola 43

Girard 68, Prairie View 56

Holcomb 63, Pratt 27

Larned 62, Hugoton 56

Marysville 64, Holton 42

Parsons 55, Galena 42

Rock Creek 64, Clay Center 52

Santa Fe Trail 65, KC Bishop Ward 48

Smoky Valley 73, Nickerson 50

Topeka Hayden 71, Jefferson West 41

Wichita Trinity 63, Clearwater 31

Class 5A East Sub-state 1 Championship

Pittsburg 56, St. Thomas Aquinas 54, OT

Class 5A East Sub-state 2 Championship

KC Schlagle 61, Olathe West 50

Class 5A East Sub-state 3 Championship

Mill Valley 64, KC Wyandotte 63

Class 5A East Sub-state 4 Championship

Topeka Seaman 69, DeSoto 52

Class 5A West Sub-state 1 Championship

Goddard-Eisenhower 57, Andover 44

Class 5A West Sub-state 2 Championship

Wichita Heights 44, Emporia 36

Class 5A West Sub-state 3 Championship

Salina Central 40, Maize 30

Class 5A West Sub-state 4 Championship

Wichita Bishop Carroll 49, Topeka West 46

GIRLS PREP BASKETBALL

Class 1A Division 1 Sub-State Semifinal

Caldwell 56, Pretty Prairie 41

Chase County 46, Centre 33

Clifton-Clyde 47, Washington County 44

Frankfort 48, Centralia 37

Greeley County 61, South Central 13

Hanover 75, Pike Valley 29

Little River 44, Lakeside 37

Rawlins County 65, Triplains-Brewster 51

Rural Vista 56, Flinthills 40

South Gray 52, Minneola 34

Southern Coffey 41, Chetopa 28

St. John 43, Norwich 28

St. Paul 55, Lebo 29

Stockton 48, Dighton 42

Thunder Ridge 43, Osborne 40

Valley Falls 54, Doniphan West 30

Class 1A Division II Sub-State Semifinal

Axtell 52, Wetmore 25

BV Randolph 64, Southern Cloud 62, OT

Bucklin 59, Ashland 43

Cunningham 46, Argonia 36

Golden Plains 49, Wallace County 45

Hartford 61, Marais des Cygnes Valley 17

Hutchinson Central Christian 37, Elyria Christian 28

Moscow 39, Rolla 19

Northern Valley 70, Logan 46

Otis-Bison 47, Ingalls 38

Quinter 67, Pawnee Heights 38

South Barber 52, South Haven 40

St. John’s Beloit-Tipton 67, Palco 26

Waverly 55, Crest 49

Wheatland-Grinnell 48, Cheylin 38

Wilson 50, Stafford 45

Class 3A Sub-State Semifinal

Caney Valley 41, Southeast 38

Erie 48, Cherryvale 30

Eureka 68, Humboldt 52

Garden Plain 42, Cheney 31

Haven 53, Halstead 37

Hays-TMP-Marian 57, Riley County 38

Hesston 48, Sterling 46

Kingman 64, Conway Springs 34

Mission Valley 42, Rossville 39

Nemaha Central 48, Sabetha 36

Norton 47, Cimarron 23

Pleasant Ridge 45, Maur Hill – Mount Academy 35

Royal Valley 34, St. Mary’s 31

Russell 52, Beloit 49

Scott City 37, Colby 28

Wellsville 63, Council Grove 44

Class 6A East Sub-State 1 Championship

Olathe East 50, Blue Valley 33

Class 6A East Sub-State 2 Championship

Olathe South 53, Lawrence 47

Class 6A East Sub-State 3 Championship

BV North 51, Gardner-Edgerton 34

Class 6A East Sub-State 4 Championship

SM Northwest 48, Olathe Northwest 46, OT

Class 6A West Sub-State 1 Championship

Wichita South 42, Wichita Northwest 32

Class 6A West Sub-State 2 Championship

Derby 71, Dodge City 17

Class 6A West Sub-State 3 Championship

Manhattan 49, Hutchinson 40

Class 6A West Sub-State 4 Championship

Washburn Rural 56, Wichita East 35

Kan. women will return money from ATM that gave $100s instead of $5s

WICHITA, Kan. (AP) — A Wichita woman and her daughter will repay a bank after repeatedly withdrawing money from an ATM that was dispensing $100 bills rather $5 bills.

Central National Bank sued Christina Ochoa and her mother, Christy Ochoa, after they withdrew more than $14,000 in January. The bank contended the women returned to the ATM more than 50 times after realizing the machine’s malfunction. Most of the trips were in the middle of the night.

Court records indicate the women have agreed to repay $12,643 plus interest, as well as costs.

The women earlier told the newspaper they wanted $1,485 to make a “money cake” for a friend. They said they made repeated withdrawals because they couldn’t get the exact number of $5 bills they needed and the bank was closed.

Jury: Man guilty of shooting, wounding Kan. detective

TOPEKA, Kan. (AP) — A man has been convicted of shooting and wounding a Topeka police detective after a convenience store robbery.

Harris-photo Shawnee County

Jurors found 30-year-old Christopher Harris guilty Thursday of attempted capital murder, aggravated robbery, aggravated assault and criminal possession of a firearm by a convicted felon.

Detective Brian Hill spent 20 days in the hospital after he was wounded in November 2016 while trying to apprehend Harris and Jermaine Patton following the convenience store robbery. Hill retired in September and said at the time that the shooting “definitely” was a factor.

Shawnee County District Attorney Mike Kagay says Harris faces life in prison without parole for at least 25 years when he is sentenced May 3.

Patton pleaded guilty in September to federal aiding and abetting charges.

TMP girls advance to sub-state title game


By JEREMY McGUIRE
Hays Post

TMP 57, Riley County 38

MINNEAPOLIS, Kan.-TMP used a 12-0 first quarter run to take early control of their semi-final match-up with Riley County on Friday night in Minneapolis. The Lady Monarchs took a 15-7 after the first quarter. The momentum didn’t slow down in the second quarter as TMP outscored the Lady Falcons 17-8 to build a 32-15 halftime lead.

Aubrey Koenigsman scored 10 points to lead the Lady Monarchs in the first half. Jillian Lowe added 9.

TMP built their lead as high as 24 points in the third quarter and led 46-25 after three quarters. The Lady Monarchs cleared the bench for much of the fourth quarter and picked up the 57-38 victory. Lowe led four Lady Monarchs in double figures with 12 points, Adell Riedel and Kayla Vitztum with 11 and Koenigsman 10.

Riley County finishes their season at 14-7. TMP improves to 19-2 and will take on the Beloit/Russell winner in the sub-state championship game on Saturday in Minneapolis

ROSE MCFARLAND INTERVIEW

GAME HIGHLIGHTS

 

Hays boys fall in sub-state with Buhler

For a fourth consecutive year, the #9 Hays High Indians opened up sub-state play with the #10 Buhler Crusaders.  For a fourth consecutive year they met up as the two and three seeds, this year in McPherson.

Hays never led in the first half against the Crusaders.  Hays trailed 7-5 and had one crack at taking the lead on a three pointer but missed.  The Crusaders went on a 8-0 run following the miss to take their first double digit lead at 15-5.  Buhler led 19-9 after the first quarter and pushed the lead to twelve a minute into the second quarter.

Hays finally found a rhythm on offense going on a 10-2 run to close the deficit down to 25-21.  The two teams trade baskets over the final two minutes.  The final basket came from Tradgon McCrae some seven feet from behind the arc as the quarter ended to bring Hays back within two at 28-26.

Highlights

 

Peyton Kieffer drilled back to back threes to open up the third quarter to take their first lead of the game at 32-28.  The Indians and Buhler traded baskets for the remainder of the third quarter with Buhler keeping their two point lead from halftime at 41-39.  Hays never led in the fourth quarter but did tie the score twice.  The last was at 45 each with 4:16 remaining.  Buhler scored the next seven points taking a 52-45 advantage.  Hays closed the gap down to four with thirty seconds left.  Buhler made just three of their final eight free throws allowing the Indians to have a chance.  Hays though could not score on their final two possession and fall 57-52.

Coach Rick Keltner

 

Tradgon McCrae scored a game high 19.  Peyton Kieffer added 15.  The Indians season closes at 14-7.  Buhler improves to 13-7.  Hays made 229 three pointers on the season falling just short of a state record 237 makes.

NW Kansas teen hospitalized after pickup rolls

SHERMAN COUNTY— One person was injured in an accident just after 6:30p.m. Friday in Sherman County.

The Kansas Highway Patrol reported a 1998 Ford Ranger driven by Ashtin J. McClung, 15, Goodland, was northbound on County Road 21.

The driver lost control of the pickup, over corrected, traveled into the east ditch and rolled.

McClung was transported to the hospital in Goodland. She was properly restrained at the time of the accident, according to the KHP.

Betty J. Schmidt

Betty J. Schmidt, age 81, of Hays, Kansas died Friday, March 2, 2018, at Hays Medical Center, Hays, Kansas.

She was born June 25, 1936, in Victoria, Kansas to Balthasar P. and Elizabeth (Graf) Dreiling. She married Vernon F. Schmidt on August 24, 1957, in Victoria, Kansas. He preceded her in death on April 8, 2017.
She was a home day care provider for over 40 years, a homemaker and a member of St. Joseph Catholic Church, Hays, Kansas. Betty was an avid KU basketball fan, loved traveling and she took great pride in her yard work.

Survivors include one son, Tim Schmidt and wife, Linda, Wichita, KS; three daughters, Cyndy Dreiling and husband, Tony, Hays, KS; Sandy Fields, Overland Park, KS; Lisa Koppes and husband, Brian, Lawrence, KS; 11 grandchildren; 5 great grandchildren; one brother, Vince Dreiling, Hays, KS; two brothers-in-law, Dean Davis, Emporia, KS; Edwin “Eddy” Brungardt, Hays, KS; one sister-in-law, Dee Dreiling, Hays, KS.
She was preceded in death by her parents; her husband; and one grandson, Jordan Fields; five brothers, Fridolin, Bill, Sylvester, Robert and Francis Dreiling; four sisters, Alfreda Grabbe and husband, Matt, Seraphina Davis, Caroline Schmidt and husband, George and Theresa Brungardt.

Services are at 10:00 A.M. Monday, March 5, 2018, at St. Joseph Catholic Church, Hays, Kansas. Burial in St. Joseph Cemetery Hays, Kansas.

A vigil service is at 7:00 P.M. Sunday, at Cline’s-Keithley Mortuary of Hays, 1919 East 22nd Street, Hays, KS 67601.

Visitation is from 5:00 to 8:00 P.M. Sunday and from 8:30 to 9:45 A.M. Monday at Cline’s-Keithley Mortuary of Hays.

In lieu of flowers, the family suggests memorial to the St. Joseph Catholic Church Rectory Project.
Condolences can be left by guestbook at www.keithleyfuneralchapels.com or can be sent via e-mail to [email protected].

Police ask for help to identify Kan. bank robbery suspect

SEDGWICK COUNTY —Law enforcement authorities are investigating a bank robbery and asking for help to identify the suspect.

Security camera image courtesy Wichita Police

Just before 3p.m. Friday, police responded to a bank robbery call at Intrust bank in the 3800 block of North Rock Road in Wichita, according to officer Charley Davidson.

A bank employee told an unknown suspect entered the bank and presented a note demanding money and indicating a weapon. Money was given to the suspect who then fled the bank on foot. There were no injuries.

Anyone who can identify the suspect is asked to call Wichita Police.

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