By CELIA LLOPIS-JEPSEN

The top Democrats in the Kansas Legislature are calling on Senate President Susan Wagle not to wait until January to start work on fulfilling a Kansas Supreme Court order to fix funding for public schools.

Senate Minority Leader Anthony Hensley, of Topeka, and his counterpart in the House, Jim Ward of Wichita, wrote a letter to Wagle, who heads the Legislative Coordinating Council, seeking an interim bipartisan panel of House and Senate members.

Read the letter to Senate President Susan Wagle from Sen. Anthony Hensley and Rep. Jim Ward.

“We were admonished by at least three of the Supreme Court justices that we’re dragging our feet,” Hensley said, adding that an expedited schedule would suit the importance of the task and signal to the court that lawmakers aren’t leaving the matter to the last minute.

Wagle said Friday she is reviewing the request to determine whether it would be “efficient and productive.”

“Given the dim view the Kansas Supreme Court has taken with regard to the school finance work previously performed by legislative staff,” she wrote to Ward and Hensley, “we must carefully reflect on whether any meaningful work product can come from such a quickly convened interim committee that the Court would deem credible.”

Read Senate President Susan Wagle’s response to the request for an interim committee on school funding.

Ward dismissed that characterization, saying a well-composed panel could help ensure lawmakers can “get to work on day one” upon returning to Topeka in January.

“It’s not just having an interim discussion — it’s making sure you have a broad base of the Legislature represented on that committee,” Ward said.

The committee he and Hensley want would meet for four days and receive briefings on the state Supreme Court’s Oct. 2 88-page ruling, in which the justices found the state’s school finance formula unconstitutional. It also would seek testimony from educators and others about how to respond, and draw up recommendations for the House and Senate to consider in January.

Crafting a fix

Asked whether Gov. Sam Brownback and Lt. Gov. Jeff Colyer are supportive of an interim committee, Brownback spokeswoman Rachel Whitten said such a panel is a matter for the Legislature to decide.

“The governor has said repeatedly that the court should not substitute its decision-making for decisions made in good faith by the elected representatives of the people of Kansas,” Whitten added.

Democrats aren’t alone in wanting to jump-start the process of tackling school finance.

“We need to come back in January with a plan or a number of options,” said Rep. Melissa Rooker, a Fairway Republican. “I don’t see us having the luxury of waiting three months to start engaging.”

To that end, Rooker said she had spoken with legislative leaders and Colyer, conveying her interest in participating in any interim efforts.

“That said, I’m certainly not waiting to hear what gets decided,” she said. “I’m doing what I have always done, which is to sit down and work out the to-do list and getting going with my own efforts.”

The court set an April 30 deadline for the state to file a brief explaining what action it has taken to remedy school finance since Oct. 2. That means lawmakers will need to craft a fix before then, with enough time left for the Attorney General’s Office to compose the brief.

Oral arguments are scheduled for May 22.

Lawmakers need to address four specifics of money distribution and spending rules that the court found unfair to poorer school districts.

“I don’t see that as a complicated process,” Rooker said, “to come up with the alternatives that we need to resolve those concerns.”

How much money is needed?

But the thorniest question will be overall spending levels. The justices concluded that funding for public schools falls short of the state’s constitutional obligation to provide education, but they didn’t specify how much is needed. Lawmakers agreed this spring to phase in a nearly $300 million increase over two years. After that, they agreed to adjust annual funding levels in line with inflation.

Hensley suggested Kansas could have dodged one of the court’s concerns about fairness — that lawmakers handed an extra $2 million to the Blue Valley and De Soto school districts without clear reasoning — by increasing aid to other districts as well.

For example, adding around $100 per student statewide to Kansas’ base funding formula, he said, would have achieved the same increase for Blue Valley while ensuring other districts are treated similarly.

The Legislative Budget Committee — a joint panel that monitors budget matters outside of session —received briefings from legislative staff last week on the Gannon ruling and current education appropriations.

Steven Johnson, an Assaria Republican on that committee who also is chairman of the House tax committee, said Kansans should “very definitely” let their lawmakers know how they want the Legislature to respond to the court.

The options, depending on how much money is needed, he said, are to find the money within the state’s available revenue, raise taxes or defy the court.

Considering the difficulty with which the Legislature passed a tax hike this year, Johnson expressed doubt that lawmakers have much interest in treading that path again.

“And it depends, will the governor at that time also suggest a tax increase is not necessary?” he asked. “If so, a veto-proof majority I don’t see as possible.”

Senate leaders issued a statement the day of the court ruling saying tax hikes aren’t an option and that the justices’ decision “puts the rest of state government and programs in jeopardy.”

Celia Llopis-Jepsen is a reporter for the Kansas News Service. You can reach her on Twitter @Celia_LJ.

DOUGLAS COUNTY— Law enforcement authorities are investigating a suspect following standoff at a home.

Just after 4:30 p.m. Monday, officers were dispatched to 1014 E. 27^th Street in Lawrence in reference to a sound of gunshots call, according to a media release.

While en route to the call, officers learned the person calling in the report was reporting he was the one firing rounds.

The caller made threats to harm responding officers as well as residents in the area. Officers worked to quickly establish a perimeter on the residence and to evacuate area residents, primarily using the rescue vehicle.

After more than 7 hours, at approximately 12:40 a.m., the suspect exited the residence armed with a firearm. Tactical officers deployed multiple different less-lethal weapons to gain compliance from the suspect, who was taken into custody at 12:46 a.m.

The suspect was transported to a local hospital to be treated for non-life threatening injuries sustained during the arrest and to receive a mental health evaluation. Possible charges are not known at this time. No other injuries were reported during the incident.

Police did not release the name of the suspect.

WICHITA, Kan. (AP) — An elderly Wichita woman has been sentenced to probation for stealing more than $57,000 from an 89-year-old acquaintance.

Sedgwick County District Attorney Marc Bennet said Monday that 80-year-old Shirley Morgan was had durable power of attorney for the acquaintance, who he didn’t name.

Bennett says Morgan used the victim’s money and assets for gambling trips and other expenses, rather than paying nursing home bills.

Morgan was convicted of mistreatment of a dependent adult. She was sentenced to two years and 4 months in prison but given probation because of her age and lack of a criminal history.

She also must pay restitution and cannot gamble.

RENO COUNTY — A man charged in a drug distribution case from April was in court Monday for a bond hearing.

Dominic Holder is charged with possession of marijuana with intent to distribute and conspiracy to distribute marijuana.

The state alleges that he had between 450 and 30,000 grams (44 pounds) of marijuana on April 15 and conspired to distribute with 31-year-old Alyssa Holler.

Holder is jailed on a $10,000 bond, but the state wanted the bond increased because he lives in Tempe, Arizona, with no connection to Kansas.

The state also noted in its motion that he conspired with Holler in the case as both traveled together in separate vehicles when they were stopped for speeding.

Holler has a bond in the case set at $100,000. The state says the bond for Holder should match because he is believed to be the primary suspect in the case. The state also says he is a flight risk.

In court, Holder argued against the increase, saying his family couldn’t come up with the money. He wanted out so he could cash in his 401k to hire an attorney. Magistrate Judge Cheryl Allen agreed with the state that the bond should be increased and she set it at $100,000. She denied his request for a reduction because, even with no criminal history, if he’s convicted of either charge or both, it would bring a presumptive prison sentence.

She also assigned the Regional Public Defender’s Office to represent him.

The case against the co-defendant is pending trial in front of Judge Tim Chambers. A status hearing for Holder is now scheduled for Nov. 1.

GEARY COUNTY — Law enforcement authorities are investigating a teen who took a gun to school.

A USD 475 school resources officer arrested a 14-year old student at Freshman Success Academy in Junction City Monday morning without incident after school officials found a handgun during a routine security check.

The student made no threats and was cooperative with staff, according to a media release from Junction City Police.

Police released no additional details.

FINNEY COUNTY — The Kansas Bureau of Investigation is assisting officials investigating a fatal officer-involved shooting in SW Kansas.

According to preliminary information in a media release from the KBI, deputies from the Finney County Sheriff’s Office received a call from a citizen just before 11:30 a.m. October 5, reporting a male subject who was behaving erratically, and whose vehicle had become stuck on an unmaintained road approximately 15 miles southwest of Garden City.

A deputy from the Sheriff’s Office arrived in the area just before 12 p.m. and located the subject later identified as Cristino Umana-Garcia armed with a knife, and holding it to his own throat.

Shortly after, the subject retreated to his vehicle and locked the doors. A second sheriff’s deputy and an officer from the Garden City Police Department arrived on the scene, and attempts were made to speak with the subject until he emerged from his vehicle and charged toward them. At that time two law enforcement officers, one from each agency, fired at the subject, fatally injuring him.

Umana-Garcia was pronounced dead at the scene.  He had previous convictions for identify theft and forgery, according to the Kansas Department of Corrections.

No law enforcement officers were injured during this incident.

WICHITA, Kan. (AP) — A man who bought a used copy of the book co-written by BTK serial killer Dennis Rader has discovered inside the book one of the killer’s drawings showing a bondage rack and rope.

Rader is known for binding and torturing his victims. The crayon-and-ink drawing has his name and a July date on it.

Research scholar Katherine Ramsland says the artwork appears to have been made by Rader. She co-wrote with him “Confession of a Serial Killer: The Untold Story of Dennis Rader, the BTK Killer.”

She says Rader sends bookplates to pen pals and people who’ve bought the book.

The Kansas Department of Corrections says inmates are allowed to send and receive mail as long as it’s not a security risk or sexually related.

TOPEKA – The Centers for Medicare & Medicaid Services (CMS), the federal agency with oversight of state Medicaid programs, has granted a 12-month temporary extension for Kansas’ Medicaid program, KanCare.

The first iteration of KanCare was scheduled to end on December 31, 2017. That end date has now been extended to December 31, 2018.

This temporary extension allows Kansas to continue its existing program, which provides statewide managed care to almost all Medicaid state plan beneficiaries for their physical, behavioral and long-term care services. It also continues the managed care authority for Kansas’ section 1915(c) Home- and Community-Based Services (HCBS) waivers.

“I am pleased to see that CMS has granted our request for an extension for the KanCare waiver. Since KanCare’s implementation, health outcomes have improved for thousands of Kansans,” said Lt. Governor Jeff Colyer, a surgeon credited as the architect of the program. “Emergency room visits are down, routine checkups are increasing and Kansans are spending less time in the hospital and more time taking advantage of preventative care.

“Our focus on outcomes for patients is resulting in better all-around care for patients across the state. We look forward to continuing to take an innovative and conservative approach to healthcare that controls costs and results in better health outcomes for Kansans.”

The state plans to post its proposal for the new 1115(a) waiver on October 20, 2017, conduct public meetings and continue to work on KanCare 2.0 during the coming year. The new KanCare 2.0 waiver, if approved by CMS, would take effect January 1, 2019.

Additionally, in November, the state will issue a request for proposal (RFP) for Managed Care Organizations (MCO) to submit bids to provide health coverage and HCBS services to Medicaid recipients for three years after the renewed waiver goes into effect.

Launched in January 2013, KanCare delivers whole-person, integrated care to more than 420,000 individuals across the state. KanCare health plans are provided by three managed care organizations – Amerigroup of Kansas, Inc., Sunflower Health Plan, and UnitedHealthcare Community Plan of Kansas. Consumers in KanCare receive all the same services provided under the previous Medicaid delivery system, plus additional services.

In addition to the services that were available to Medicaid consumers prior to 2013, the three KanCare health plans offer their members preventative dental care for adults, heart/lung transplants and bariatric surgery. KanCare health plans are required to coordinate all of the different types of care a consumer receives. This care coordination ensures that consumers take advantage of preventive services and screenings in addition to any ongoing help they require in managing chronic conditions.

The Kansas Department of Health and Environment (KDHE) and the Kansas Department for Aging and Disability Services (KDADS) administer KanCare within the State of Kansas. KDHE maintains fiscal management and contract oversight of the KanCare program; KDADS administers the Medicaid waiver programs for disability services and mental health and substance abuse, in addition to operating the state-run hospitals and institutions.

TOPEKA, Kan. (AP) — Topeka is investigating an unusually high number of homicides.

There have been more than 25 so far this year. That’s a marked increase from 2014 when there were seven.

Topeka police deputy chief Darin Scott says violent crime is a “community issue” and that police “cannot tackle this problem alone.”

Staff has been added to the police department’s organized crime and gang unit and the behavioral health unit. Authorities also have identified areas with high levels of violent crime and focused officers on those neighborhoods.

Of the 25 homicides, one suspect was identified, but died. Two others were found to be justified. Four were a result of murder-suicides. Eleven led to arrests, and six others remain unsolved. A police shooting in September remains under investigation.

WICHITA, Kan. (AP) — Work is nearly complete at McConnell Air Force Base in preparation for the KC-46A Pegasus air refueling tanker.

It has been almost three years since work began on $267 million in new construction projects.

On Monday officials celebrated the work at the base. McConnell will be the first base to receive the new Boeing tankers that will replace a nearly 60-year-old fleet of KC-135 aircraft.

The project features three new hangers. They are among 16 construction projects on and off McConnell’s flight line required to support the new tankers.

The Air Force says the first KC-46 delivery to the Air Force is expected in spring 2018.

 

HARVEY COUNTY — Law enforcement authorities are investigating a shooting and continue looking for a suspect.

Just before 8:30p.m. Sunday, Newton Police Officers were notified of a violent crime in the 400 block of Normandy Road, according to a social media report.

A homeowner witnessed someone trying to steal a vehicle and confronted the suspect. The suspect shot the property owner one time. The bullet passed through his abdomen and struck his arm causing multiple wounds. The Homeowner was transported for medical treatment. 

The suspect fled on foot and as of 4p.m. Monday was still at large, according to Newton Police. The suspect is described as a white male in his mid 20’s, standing approximately 5’9″ tall with facial hair. 

Police have received numerous calls asking if people are safe in this neighborhood. We have no reason to believe the suspect is still in the neighborhood, but we encourage everyone to always use good safety practices. Locking doors, house and vehicle at all times, using yard lighting and being aware of your surroundings are all activities we should practice routinely.

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HARVEY COUNTY — Law enforcement authorities are investigating a shooting and looking for a suspect.
Just before 8:30p.m. Sunday, Newton Police Officers were notified of a violent crime in the 400 block of Normandy Road, according to a social media report.

A homeowner witnessed someone trying to steal a vehicle and confronted the suspect. The suspect shot the property owner one time. The bullet passed through his abdomen and struck his arm causing multiple wounds. The Homeowner was transported for medical treatment. The suspect fled on foot.

Police encouraged everyone living in the area to remain in their homes. Bethel College in Newton was briefly placed on lockdown. That ended just after midnight, according to the school’s social media account.

The suspect is to be considered armed and dangerous.
Police used a drone to assist with search efforts. Anyone with information is asked to call 911.

TOPEKA, Kan. (AP) — Kansas Secretary of State Kris Kobach’s run for the Republican nomination for Kansas governor is getting a boost from President Donald Trump’s son.

Kobach announced Monday that Donald Trump Jr. will be in Kansas on Nov. 28 for a campaign fundraiser. Kobach is vice chairman of the President’s commission on election fraud.

So far 18 candidates — 11 Republicans, six Democrats and an independent — have appointed treasurers or committees for a campaign for governor next year, a requirement to raise money.

Kobach says in a news release it is an honor that Trump Jr. will join his campaign “at this important time.”

Republican Gov. Sam Brownback is term-limited and is expected to step down this fall to become U.S. ambassador-at-large for international religious freedom.