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Kansas Bill Now Offers Wrongly Imprisoned Benefits, But Less Money

Members of the Senate Judiciary Committee say Kansans wrongly convicted of crimes deserve to be compensated by the state. The panel amended and advanced a bill Monday that would do that using more than just cash.

Lamonte McIntyre talks to a Kansas Senate committee about a bill that would promise money to people who are kept in prison on convictions that are later overturned. He was exonerated after 23 years in prison, but state law offers no payment.
STEPHEN KORANDA / KANSAS NEWS SERVICE

Right now, Kansas pays nothing automatically to people imprisoned on botched convictions. People in that situation can use lawsuits to seek payments, but the bill in the legislature would create a system for compensation without a legal fight.

Republican Sen. Molly Baumgardner suggested trimming the proposed payments in the plan from $80,000 for each year spent in jail to $50,000, because that’s what the federal government pays.

“You cannot give these folks their years back,” Baumgardner said. “I thought that was a good start.”

Lawmakers last week heard about the challenges people face after being wrongly convicted of crimes. They had lost time with their families and everything they owned. After being released from prison, they were left broke with no credit or work history.

“It’s an uphill battle,” said Floyd Bledsoe, who spent 16 years in prison for a rape and murder he didn’t commit. “It’s a day-to-day battle.”

To take a more holistic approach to helping people like Bledsoe, Baumgardner pushed for boosting services available to them. Her amendments added other support such as health care coverage and college tuition.

“We are going to be there for you, including education and health care,” Baumgardner said. “That’s better than just saying ‘here’s some financial compensation.’”

Democratic Sen. David Haley said money should be provided as soon as possible to people who were wrongly imprisoned, not in a series of yearly payments. The plan would start with a $100,000 payment and the rest would be paid out annually. A court could choose to offer a single lump sum payment if that’s deemed appropriate.

Haley also has concerns about reducing the amount people receive for each year they were wrongly imprisoned.

“Those years are stolen,” Haley said. “It’s undercompensated at $50,000.”

However, Haley called his concerns “nitpicking” compared to the steps the bill takes toward helping people convicted of crimes they didn’t commit.

“I’m so happy after a decade we are really, finally doing something,” Haley said. “It’s a great start.”

The proposal could come up for consideration in the Senate this week as lawmakers debate dozens of bills to beat a legislative deadline.

Stephen Koranda is Statehouse reporter for KPR, a partner in the Kansas News Service. Follow him on Twitter @kprkoranda.

Investigators: Fatal Kansas police shooting justified

OVERLAND PARK, Kan. (AP) — Authorities say a fatal police shooting in Overland Park was justified.

Law enforcement authorities on the scene of the weekend fatal shooting-photo by Grady Reid courtesy KCTV

Johnson County District Attorney Steve Howe and Overland Park Police Chief Frank Donchez announced Tuesday that no charges will be filed against officers involved in the Jan. 20 shooting of 17-year-old John Albers.

Police have said that Albers was shot by officers as he drove a car out of his family’s garage toward a police officer.

Officers were called to the home after receiving a call from someone who saw the teenager on FaceTime and believed he was suicidal.

Albers’ parents were not home at the time.

UPDATE: Icy bridge blamed for fatal, head-on Kansas crash

POTTAWATOMIE COUNTY —A Kansas woman died in an accident just after 11p.m. Monday in Pottawatomie County.

The Kansas Highway Patrol reported a 2004 Ford F150 driven by Donald D. Ebert, 51, Louisville, was westbound on U.S. 24 near Camp Creek Road.

The driver lost control of the vehicle on the icy bridge and collided head-on with a 2004 Old Alero driven by Sarah Helen Salinas, 38, St. Marys.

Salinas was pronounced dead at the scene and transported to Stewart Funeral Home.

Ebert and a passenger Corina M. Roudybush, 50, Clay Center, were transported to the hospital in Topeka.

Salinas was not wearing a seat belt, according to the KHP.

 

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POTTAWATOMIE COUNTY — Law enforcement authorities are investigating a fatal head on crash that occurred just after 11p.m. Monday in Pottawatomie County.

The Kansas Highway Patrol reported a vehicle was westbound on U24 near Camp Creek Road. The driver lost control of the vehicle on the icy bridge and collided head-on with an eastbound vehicle.

Check Hays Post for additional details as they become available.

CEP: Statehouse efforts must continue on clean energy bills

CEP
Two clean energy bills remain in the works as the Kansas Legislature moves toward turnaround on Thursday, when most bills need to be passed out of their house of origin.
The Climate + Energy Project (CEP) and other clean energy supporters continue to seek compromise on Senate Bill 347, which would require the Kansas Corporation Commission (KCC) to utilize the National Standard Practice Manual to determine the appropriate tests to evaluate the cost effectiveness of energy efficiency programs. The bill would also require the KCC to report its progress to the Kansas Legislature next January.
Earlier this month investor-owned utilities along with the KCC testified in opposition of SB 347 at a Senate Utilities Committee hearing. While they all said energy efficiency was good, they told legislators that utilities should not be forced to meet certain targets and ultimately the KCC is the appropriate place to determine if programs are cost effective. We agree, which is why we’re advocating for a transparent and stakeholder-driven process to discover how to lower customer bills with energy efficiency programs.
CEP and other stakeholders continue to work toward solutions that encourage energy efficiency programs for consumers in Kansas, which ranks No. 48 for energy efficiency. These programs also align with the Kansas Energy Efficiency and Investment Act, which the Legislature passed in 2014.
Read more about SB 347 and similar efforts in other states in this article from the Energy News Network.
Clean energy advocates also are working to advance Senate Bill 322, which would revert state law to 2009 regulations that protect Kansas residential distributed generation (DG) from demand charges. This would apply only to investor-owned utilities’ residential solar customers.
In related news, Westar on February 1 filed a rate case with the KCC to add demand charges to residential solar customers with systems installed after October 2015 and raise the service charge by $4 per month for every residential customer. Read more about the Westar rate case in this article from KMUW.
The Climate + Energy Project (CEP) is a non-partisan 501c(3) organization in Hutchinson working to reduce emissions through greater energy efficiency and the use of renewable energy. Located in America’s Heartland, CEP collaborates with diverse partners across the nation to find practical solutions for a clean energy future that provides jobs, prosperity and energy security. 

Lyle Dean Barber

Lyle Dean Barber, age 83, passed away on Tuesday, February 13, 2018, in Hutchinson, Kansas. He was born on October 10, 1934 in Scott City, Kansas, the son of Alpha and Ruthburn Barber. He was a retired corrections supervisor for the Kansas Department of Corrections.

Lyle graduated from Scott Community High School in 1952, was a U.S. Air Force veteran, owned and operated Barber Sheet Metal for many years in Scott City and was a volunteer fire fighter for the Scott City Fire Department. He was also a lifetime NRA member.

Survivors include two sons – Scott Barber of Pretty Prairie, Kansas and Alan Barber of Lyons, Kansas, six grandchildren, one great-grandchild, and numerous nieces and nephews.

He was preceded in death by his parents, one son – Mark Barber, two brothers – Edwin and Beryl, two sisters – Helen and Dorothy and one grandson – Dryden Barber.

A Memorial Graveside Service will be held on Saturday, February 24, 2018 at 2:00 p.m. in the Scott County Cemetery.

Memorials can be made to the Wound Worriers Project or Vets For Veterans in care of Price & Sons Funeral Home in Scott City, Kansas.

There will be no calling times.

Police identify Kan. woman who died in crash waiting for funeral procession

SEDGWICK COUNTY — Law enforcement authorities continue their investigation of a fatal weekend crash and have identified the victim.

First responders on the scene of Saturday’s fatal crash-photo courtesy KWCH TV

Just before 11:30 a.m. Saturday, officers responded to an injury accident at 119th Street west and Beaumont in Wichita, according to officer Charley Davidson.

The investigation showed a funeral precession was south bound on 119th Street and north bound vehicles were stopped showing respect.

A 31-year-old male driver in a green minivan traveling northbound, failed to stop for the stopped vehicles, and rear-ended a small red sport utility vehicle driven by Karen Capps, 59, Valley Center.

Capps was pronounced dead at the scene, according to Davidson.

Capps’ mother was a passenger in the SUV. She and the diver of the minivan were taken to an area hospital for medical treatment of non-life-threatening injuries.

The Wichita Police Department present the case to the Sedgwick County District Attorney.

Mary Barta

Mary Barta

Mary Barta passed away Feb. 18, 2018. She was born Aug. 19, 1934.

Visitation will be held Fri., Feb. 23, 6-8 p.m. at Plumer-Overlease Funeral Home, 610 24th St., Wilson. The vigil service will start at 6 p.m.

The Mass of Christian Burial is Sat., Feb. 24, at 1 p.m. in St. Wenceslaus Catholic Church, 2811 Ave. D, Wilson, with burial in the church cemetery on Highway 40, Wilson.

Memorial contributions may be made to the St. Wenceslaus Cemetery Fund.

A full obituary is pending with Plumer-Overlease Funeral Home.

Police: Student suspended after alleged threat at Kan. middle school

BARTON COUNTY— Law enforcement authorities and school district officials are investigating an alleged school threat in Great Bend.

Just before 9p.m. Monday, police were notified of possible threats made through social media towards the Great Bend Middle School, according to police.

Officers immediately notified USD 428 personnel, and began to investigate the source of the threats.

Through the course of the investigation, it was determined a juvenile had made a threat through Snapchat. The juvenile was interviewed, and was subsequently suspended through USD 428.

The case has been submitted to the Barton County Attorney’s office for formal filing of criminal charges.

Police released no additional details.

Barbara Jean Opat

Barbara Jean Opat, 73, of WaKeeney, KS, passed away with peace and grace on February 18, 2018 with her children by her side.

Barbara was born to Joseph and Anna Opat in Ransom, KS and has since been a lifelong resident of WaKeeney.

With her fiery red hair that matched her spirit, Barbara lived her life to the fullest. She managed Helen’s Café for many years while raising her children, and owned, and operated Quality Café after they were grown. She enjoyed visiting with her customers and loved cooking for them as well. Years after retiring from her restaurant business her personal kitchen remained open as the gathering place for family and friends who enjoyed many meals together. Barbara loved spending time with her family, playing bingo, and taking trips to Vegas to see her daughter. She was a long-time member to the VFW Ladies Auxiliary and Eagles Lodge.

Barbara leaves behind a beautiful legacy including her three children: Terri (Russell) Orfe of Las Vegas, NV., Robert (Kristy) Opat of WaKeeney, KS., Nanette (David) Fitzhugh of Hays, KS.: Ten grandchildren: Chloe, Xander and Grace Fitzhugh, Parker Opat, Amber Wassenberg, Elizabeth Carrillo, Tucker Ramage, Jamie, Hayden, and David Opat; Two great grandchildren, Emery and Grayson: One brother Eugene Opat of WaKeeney, KS and one sister, Mary Deines also of WaKeeney, KS.

Waiting patiently for her arrival at the gates of heaven, Barbara was greeted by many of her loved ones.

We invite friends and family to share in Barbara’s celebration of life. A Mass of Christian Burial will be 10:30 a.m., Thursday, February 22, 2018 at Christ the King Catholic Church. Family will be available to receive friends one hour prior to mass at the church parish center. Cremation was chosen. Inurnment will take place at the Christ the King Cemetery, WaKeeney.
Condolences may be sent to the family by signing the guest book at www.schmittfuneral.com

RAHJES REPORT: Feb. 20

Rep. Ken Rahjes (R-Agra) 110th. Dist.

Hello from Topeka!  This is the final week of the first “half” of the 2018 session, the two-minute warning if you will.   This is the week when bills need to be passed out of their original house of origin and then they will go to the other for further consideration.

One of the most asked questions around the dome has been who will be the new Lieutenant Governor?  Well, we learned on Tuesday evening that Tracey Mann was announced as Kansas’ 50th Lieutenant Governor at the Kansas Livestock Association Legislative Social & Dinner event at the Capitol Plaza Hotel.  Lt. Governor Mann is a fifth-generation Kansan from Quinter, Kansas, and earned a degree in Agricultural Economics from Kansas State University in 2000.  He currently serves as the managing director and principal of Newmark Grubb Zimmer, a full service real estate company headquartered in Kansas City and is a board member of the City Teen Center in Salina.  Previously he served on the boards of directors for the Kansas Agriculture and Rural Leadership program and the Kansas Chamber of Commerce.  Mann, his wife, Audrey and their four children live in Salina.

Over the weekend, the Kansas Republican Party Convention took place in Wichita. The highlight was the Inaugural Gubernatorial Debate late Saturday evening.  The debate panel included: Wink Hartman, Mark Hutton, Secretary of State Kris Kobach, and Insurance Commissioner Ken Selzer.  Unfortunately, Governor Jeff Colyer became ill on Saturday and was unable to participate. Overall, I thought they all did well, and I am looking forward to the remaining debates before the August primary.

Some of the highlights as committees wrapped up their work for now included: The Corrections and Juvenile Justice Committee heard a several bills, most notably HB 2581, which would institute harsher penalties for those who engage in “swatting.”  Swatting takes place when an individual makes a call to law enforcement, SWAT, or other authorities requesting emergency assistance, when there is no assistance needed whatsoever.  Specifically, those who make these false calls typically request assistance at an address other than their own (could be completely random as well).  Recently in Wichita, Kansas, a prank call led to the deployment of law enforcement at a residence, which ultimately led to the fatality of the home owner, who had nothing to do with the call or the individual who made that prank call.  Another instance occurred in Overland Park, Kansas, in January; however, no one was injured at that time.  The bill outlines various sentencing levels, should an injury or fatality occur, as a result of the emergency response of such false alarms and prank calls.

The House Taxation and Senate Assessment and Taxation Committee met jointly to hear about the impact of the Federal Tax Cuts and Jobs Act, which was signed on December 22, 2017.  The Committee heard from Kathleen Smith and Michael Austin from the Department of Revenue and Jay Langley, on behalf of the Kansas Society of CPAs.  The Department of Revenue estimates that there will be a positive fiscal impact to the State, with additional taxes paid by taxpayers: $137.8 million for FY ’19; $179.9 million for FY ’20; and $187.7 million for FY ’21.  The Department and Langley summarized the changes affecting individual and business tax provisions and the effect on taxpayer liability.  They noted that the information provided is preliminary and for informational purposes.  According to Chairman Steven Johnson, “This (briefing) identifies the magnitude of issues we have to review regarding the tax changes. There is no free money.  We need to confirm if we wish to have these changes (which is effectively a tax increase) continue into effect on our taxpayers.”

There will be a series or townhall meetings coming on Friday, check out kenforkansas.com for full details. Please feel free to reach out with concerns and questions, I will do my best to respond it a timely manner. My phone number is (785) 296-7463 and email is: [email protected], my cell number is (785) 302-8416.   You can also check out kenforkansas.com.

It is my honor to be your representative.

Third Ellis County ‘Strategic Doing’ to be held March 12

Heartland Community Foundation will host Ellis County’s third “Strategic Doing” session at 6:30 p.m., Monday, March 12, at the Robbins Center on the campus of Fort Hays State University. The meeting will focus on advancing the top community improvement projects identified by residents during previous sessions.

Hosted in partnership with the Dane G. Hansen Foundation, this is the third in a series of four meetings aimed at developing a strategic vision for the county. This meeting will continue the work of prioritizing, planning and implementing county-wide community improvement projects identified by community members at-large. Projects will be eligible to apply for funding through the community foundation and the Dane G. Hansen Foundation over the next five years.

This event is free and open to the public. Refreshments will be provided. Please RSVP to Sandy Jacobs at 785-621-4090 or [email protected].

About Heartland Community Foundation

Since 2007, Heartland Community Foundation has been connecting donors with philanthropic causes they love. As an affiliate of the Greater Salina Community Foundation, HCF is proud to serve the communities and residents of Ellis, Rooks and Trego Counties. For more information, visit heartlandcommunityfoundation.org.

News From the Oil Patch, Feb. 20

By JOHN P. TRETBAR

Baker Hughes reported an increase of seven active oil rigs, and a decrease of seven gas rigs, so the total rig count for Friday was unchanged at 975. There were 318 rigs drilling across Canada, down seven. Independent Oil & Gas Service reported 27 active drilling rigs in western Kansas, up two for the week. The total in eastern Kansas was unchanged at eleven. Operators report drilling underway on leases in Barton and Ellis counties, and drilling ahead at other sites in Ellis and Stafford counties. They were moving in completion tools at one site in Barton County, two in Ellis and Russell counties, and at one lease in Stafford County.

The state of Kansas recorded 46 permits last week for drilling at new locations, 17 in eastern Kansas, 29 west of Wichita, including two each in Barton and Ellis counties.

Independent Oil & Gas Service reported 48 new well completions for the week, 227 so far this year. (There were 23 in eastern Kansas and 25 west of Wichita.) There were two newly completed wells in Barton County and three in Ellis County.

A committee in the Kansas House of Representatives last week rejected a bill that would have broadened the scope of saltwater disposal limitations, in an effort to prevent earthquakes. Current regulations limit only those disposal wells in earthquake zones in Harper and Barber County, but House Bill 2641 would have imposed the same restrictions on another 430 wells across Kansas. Edward Cross of KIOGA was among industry lobbyists arguing against the measure, saying the bill was based on a number of false assumptions and was an effort by “activists trying to disrupt the oil and gas industry.” The bill died in committee, but supporters say it could be referred to an interim study committee later on.

Colorado oil and gas regulators are raising taxes on energy developers to help pay for the environmental impacts of drilling. The Colorado Oil and Gas Conservation Commission approved a plan to raise $4.8 million more in taxes by charging 0.11 cents on every dollar’s worth of oil and gas produced. The industry supported this increase, after local governments and environmentalists urged a much bigger tax increase.

For the first time, a supertanker laden with US crude oil is on its way overseas. Bloomberg reports the ship is on its way to China from the Louisiana Offshore Oil Port, or LOOP, currently the only deep-water port in the US able to handle the huge ships. The Saudi-owned tanker Shaden was the first so-called very large crude carrier to load oil at the LOOP rather than unload oil there.

Preliminary numbers from the North Dakota regulators show December oil production fell for the first monthly drop since June. The state produced 1.18 million barrels per day in December. November’s final numbers were about about 46-thousand barrels shy of the state’s all time record set back in 2014. Director Lynn Helms said Thursday the number of well completions in North Dakota spiked from 77 in November to 93 in December.

A shortage of rail cars in Canada is leaving oil shipments and grain harvests stranded, sending crude prices plummeting and leaving farmers in a cash crunch. Bloomberg reports the nation’s biggest railways haven’t been able to deliver enough cars after harsh winter conditions and increased demand from the energy industry. Some farmers have been waiting for months to deliver wheat and canola to elevators before they can get paid. The squeeze also means that crude supplies are piling up in Alberta, pushing prices to the biggest discount relative to New York futures in more than four years.

The Philippines and China have agreed to set up a special panel to work out how and if they can jointly explore for oil and gas in offshore waters both sides claim without having to address the explosive issue of sovereignty. Forming an agreement for a joint project would be complex and sensitive as both countries claim jurisdiction of the site, so sharing the oil and gas reserves could be deemed legitimizing the other side’s claim, or even ceding sovereign territory. A senior Philippine official also told Reuters that several Southeast Asian countries and China would begin negotiations next month on a long-awaited maritime code of conduct.

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