The Legislature’s Special Committee on Judiciary will spend at least two days this summer and fall taking a close look at Kansas Supreme Court decisions on two recent high-profile cases: one that officially declared there is a constitutional right to abortion in Kansas, another which held unconstitutional the Legislature-set cap on noneconomic damages.

Now, that’s not unexpected. Both cases have drawn considerable coverage in recent weeks, so the next obvious move was to put them up for review.

The topic specifically proposed for the 11-legislator summer study is pretty simple: “Review the impact of recent Supreme Court decisions on the citizens of Kansas.”

It’s, of course, not specific, but look for abortion and look for that damage cap to become high-profile issues for the upcoming election-year legislature, when members of the House and Senate all stand for reelection, and there isn’t a hotter issue among Republicans than abortion, and there isn’t a hotter issue for everyone else than insurance rates.

And the seldom-called topic of “impact of recent Supreme Court decisions” falls at a time when along with all House and Senate seats, only two Kansas Supreme Court justices will be on the ballot next November, when they stand for retention to another six-year term on the high court.

Those justices? Two former Democrat Gov. Kathleen Sebelius appointments to the court, Eric Rosen and Lee Johnson—both of whom were on the majorities in the abortion and noneconomic damage cases.

Now, the committee’s hearings may sprawl to other issues, but the keys are abortion and noneconomic damages.

The abortion decision? It essentially rejected a state law that prohibits the most commonly used second-trimester abortion procedure known as dilation and evacuation to the medical world, but as “dismemberment abortion” to antiabortion activists.

House Speaker Ron Ryckman, R-Olathe, and Senate President Susan Wagle, R-Wichita, are hoping that the interim committee meetings and study will eventually lead to a Kansas constitutional amendment that will either prohibit abortion in Kansas or allow lawmakers to specify a range of limits that can be applied to the procedure.

That special committee can ponder just what’s possible in the way of restrictions and keep alive the politically hot issue for the upcoming elections.

The noneconomic damages issues, well, that stretches across a lot of political lines, mostly for businesses which buy liability insurance, and for nearly everyone else in Kansas who drives a car and must carry liability insurance for damages that can be caused in a vehicle accident.

It’s not the easily computable damages—repairing the car or the house that it might crash into which can be assessed by adding up receipts. It’s the effect that a wreck or mistake can have on the lives of those who are victims of a wreck.

Is the damage of a wreck adequately compensated when the car is fixed and the bruises and other injuries healed, or does it have a psychological effect that causes suffering every time a survivor hears tires squeal, or sees a car headed in his/her direction? The Legislature initially figured $250,000 would cover those noneconomic damages, raised it to the current $325,000 and headed to $350,000 by July 1, 2022.

It is that uncapped potential liability that has insurers worried. They can compute what a fixed cap on noneconomic damages will cost them—and their policyholders, plus enough profit to stay in business. But no cap? What should insurance rates be to cover those unlimited damage costs?

That’s the “impact of recent Supreme Court decisions” that will probably show up in the Legislature next session, while lawmakers search for the bullet points on their election brochures that they can aim at voters.

Syndicated by Hawver News Company LLC of Topeka; Martin Hawver is publisher of Hawver’s Capitol Report—to learn more about this nonpartisan statewide political news service, visit the website at www.hawvernews.com

As I was looking back on what I wrote about last year I saw the article on chinch bugs and how the second generation nymphs were moving out of harvest wheat fields and feeding on young grain sorghum and forage sorghum plants along field edges. These young plants can be damaged by the chinch bug feeding.

My guess is this could happen again this year and since we are experiencing planting delays the milo and feed crops could even be more vulnerable this year since they will be smaller. So after wheat harvest keep a close eye on those fields of milo and feed that are close or adjacent to your wheat fields.

The overwintered adults emerge in early spring and fly into small grains where they mate and produce the first generation. Most problems in milo or feed occur when large groups of the immature, wingless nymphs migrate from maturing wheat fields and invade adjacent sorghum or sorghum/sudan hay fields where they attempt to complete development. They typically do not infest the entire field but can take out several rows of milo next to the wheat.

Problems with this insect were historically confined to eastern and central Kansas, with damage beginning in May or June, but in recent years, chinch bugs have become more of a problem further west in the state.
Chinch bugs puncture vascular tissues to extract plant juices and secrete digestive enzymes that cause the breakdown of surrounding plant tissues. Feeding punctures also can allow pathogens to enter the plant.

Consequently, damaged plants present a variety of symptoms including stunting, yellowing, wilting, and necrotic lesions. The effect nymphal feeding has on plants depends to a large degree on the size, health and nutritional status of the plants. Growth stage and water balance are critical because small or drought-stressed plants have less ability to tolerate or recover from chinch bug feeding damage.

Using seed treatments: clothianidin (Poncho), imidacloprid (numerous products) and thiamethoxam (Cruiser) at planting can potentially decrease chinch bug damage and may protect plants for up to 3 weeks, unless the migration is heavy. Growers can use follow-up sprays on border rows if protection wears off before the end of chinch bug migration.

Most often the damage is noticed only after several rows of sorghum or feed have been severely stunted or killed. Ideally treating promptly as migrations begin and before significant numbers of bugs enter the field and small plants are affected is best.

An insecticide spray can be used over the affected rows and approximately an additional 100 feet beyond. Also, spraying about 100 feet into the wheat stubble is advisable if chinch bugs are still coming out of the wheat field.

Most currently approved insecticides have good efficacy against chinch bugs, if three factors are considered. First, it is important to use the full recommended rate of the selected insecticide, preferably applied in 20 to 40 gallons of water per acre. High gallonage ensures good plant coverage and enhances the movement of material into protected plant parts such as leaf sheaths, which increases the probability of contact with bugs. Second, the material should be applied with properly adjusted and calibrated equipment.

Cone nozzles designed for high-pressure use will create smaller droplets and improve coverage. Third, the timing of the insecticide application is critical. Early morning applications are preferred because winds are calm (reducing drift), temperatures are cool (reducing volatilization of chemicals), and a large proportion of the chinch bug population will be on the plants and exposed to the application. None of the materials currently registered for use against chinch bugs has long residual efficacy and plants can outgrow the protection. Because peak migrations may continue for 10 days or more, monitoring is required to determine if additional applications to border rows are necessary.

There are several insecticides labeled for the control of chinch bugs listed in the K-State Research & Extension publication “Sorghum Insect Management 2019 which can be found on our web site at www.cottonwood.ksu.edu

If you have any questions or need further information, contact Stacy Campbell at the Cottonwood District Extension Office, Hays at 785-628-9430 or email [email protected]

By JOHN P. TRETBAR

For the first time, monthly U.S. crude oil production figures topped 12 million barrels per day, while Texas and Oklahoma also set records. According to the Petroleum Supply Monthly report from the Energy Information Administration, U.S. operators tapped nearly 12.2 million barrels per day in April, the latest monthly figures available. Oil production in the Gulf of Mexico, Texas and Oklahoma all hit record highs. Texas reached 4.97 million barrels per day, while Oklahoma notched 617,000 barrels per day. Kansas production in April was 95,000 barrels per day.

The U.S. Energy Information Administration reported a big decline in domestic crude oil inventories to 468.5 million barrels for the week ending June 28. That’s down more than one million barrels for the week. The government reported weekly U.S. production increased slightly to more than 12.2 million barrels per day. Average production over the last four weeks is up nearly 12% over the same four-week period a year ago. Imports increased nearly one million barrels to 7.6 million barrels per day. Imports over the last four weeks averaged about 7.3 million barrels per day, which is 13% less than the same four-week period last year.

Operators reported continuing problems with high water across the area causing delays in drilling activity. Independent Oil & Gas Service reports drilling was underway on one lease in Ellis County, but said flooding delayed work at four other sites. Across Western Kansas there are 24 active rigs, up two. There are seven seven active drilling rigs in eastern Kansas, which is up one over last week.

Baker Hughes reported a big drop in its weekly rig count, with 963 active rigs, a drop of five oil rigs and one seeking natural gas. The count in Oklahoma was down five rigs, Louisiana was down four. New Mexico was up three rigs. The count in Canada was down four at 120 active rigs.

Regulators report 25 new Kansas drilling permits for the week, 480 so far this year, with 15 permits in eastern Kansas and ten west of Wichita. There’s one new permit on file in Ellis County.

Independent Oil & Gas Service reports 27 newly completed wells last week across Kansas, 777 so far this year. There were twenty completions east of Wichita, and seven in Western Kansas, including one dry hole in Stafford County.

One of the world’s largest oil-field service companies, Weatherford International filed for bankruptcy protection on last week. The Wall Street Journal reports bondholders approved a restructuring agreement that will reduce Weatherford’s total debt by 70% or almost $6 billion. Five years ago, the company was worth more than $12 billion, but the Journal reports equity shareholders would be left virtually empty-handed under the agreement.

An Oklahoma company bogged down by earthquakes, disposal limits and lawsuits will face an involuntary bankruptcy case in federal court in Oklahoma. White Star Petroleum tried to get the case dismissed in favor of a voluntary Chapter 11 filing in Delaware. But The Daily Oklahoman reports the hearings will be held locally. The company’s hopes for crude production from the Mississippian Lime play were doused by the huge amounts of water those wells produced, the earthquakes that followed disposal of that water, and the lawsuits that followed one of those earthquakes.