By CASEY HUTCHINS
KU Statehouse Wire Service

TOPEKA — A bill to allow grocery and convenience stores to sell strong beer, wine and liquor is being substantially revised, with legislators proposing to make the change slowly and with several restrictions.

The House Commerce, Labor and Economic Committee presented its draft summary of proposed changes Thursday. They would use the original bill as a template, but phase in the retail liquor sales over 10 years.

Committee chairman Marvin Kleeb said the original bill would have been too disruptive to Kansans who had made business plans based on current liquor laws.

“If there’s one common thread most everyone on this committee is concerned about not pulling the rug out and making some overnight change,” said Kleeb, R-Overland Park. “The current version of House Bill 2556 is probably nowhere near what we need to have to be seriously considered.”

Kleeb said the draft of the substitute bill is 90 percent completed but is open to amendment over the next week. He said the committee would like to create a bill that appeases the original proponents and addresses the concerns of the original opponents.

The drafted bill would install a 10-year cap on Class A liquor licenses beginning on July 1. Retailers would have to find liquor stores willing to sell them the licenses, which allow the sale of beer, wine and spirits.

Proponents of the original bill, such as Uncork Kansas, had mixed feelings on the draft.
“We appreciate Chairman Kleeb’s effort to move legislation forward and we anticipate continued dialogue on the proposal to alter House Bill 2556,” said Jessica Lucas, a spokesperson for Uncork Kansas. “The fact is we still have opportunities — the bill is not dead; it has not been tabled.”

Some were concerned with the increased number of retail businesses that could legally sell strong beer, wine and liquor in a specified area. The original bill would extend the opportunity to sell such beverages to an additional 3,000 businesses, according to the Kansas Department of Revenue.

“There’s a strong correlation with youth consumption and density,” said Ross Schimmels, vice president of external affairs for Standard Beverage Corporation. “There are a lot of other bad social ills that go along with that. From a public safety standpoint, we don’t think we need an additional 3,000 outlets selling alcoholic beverages.”

The proposed substitute bill would prohibit the issuance of a liquor license to a grocery or convenience store within a half-mile radius of another licensee. For small, rural areas, the radius would be 10 miles. Legislators agreed this, as well as all other parts of the draft, would be open to revision.

“Obviously, 2556 as it was originally written was not a good bill or we would not be having a substitute bill,” Schimmels said. “This is a lot different.”
Schimmels said he was still skeptical of the substitute bill.

The official rewrite of the bill is expected Tuesday.

Casey Hutchins is a University of Kansas junior from Lawrence majoring in journalism.

TOPEKA— Sandy Praeger, Kansas Commissioner of Insurance, announced today that the Kansas Insurance Department will allow companies selling health insurance in the state to continue to renew policies that don’t meet the requirements of the Affordable Care Act (ACA) that went into effect on January 1, 2014.

Under this transitional policy, companies will be allowed to renew certain “non-grandfathered” plans for policy years beginning on or before October 1, 2016.  Non-grandfathered plans are those issued after March 23, 2010, but prior to January 1, 2014.

The decision comes following the announcement Wednesday by the Obama Administration to extend the transitional policy originally announced in November 2013, which allowed the renewal of plans with policy years beginning on or before October 1, 2014.  The insurance department had previously allowed a modified version of the first transitional policy and had advised companies about the decision in December 2013.

“We are telling companies selling health insurance in Kansas today that, at their discretion, they can renew non-grandfathered policies currently in force through the new deadline,” Commissioner Praeger said in a news release. “We still have concerns about the delay and the potential long-term effects on the health insurance market, but the department will give our companies and consumers the flexibility to work through the ACA changes.”

Commissioner Praeger said that as soon as the federal Health and Human Services announcement about the health care rule came out yesterday, department personnel reached out to the companies to get input.

“Earlier, the department and the companies believed it was in the best interest to phase out non-compliant ACA plans at the end of 2014,” Commissioner Praeger said, “but with the new announcement we acknowledge the administration’s decision and will comply with the flexibility provided under the extension.”

TOPEKA (AP) — The Kansas Supreme Court will release its ruling on a state school finance lawsuit Friday, ending months of speculation about whether the state has to increase spending for public schools.

The court announced Thursday that the ruling would be issued Friday morning.

The lawsuit was filed in 2010 by attorneys representing four school districts and parents. They alleged that the state reneged on promises made in 2006 to provide a certain level of funding to Kansas public schools. Those promises were made in a settlement of a lawsuit filed against the state in 1999.

Attorneys for the state argued that legislators did the best they could to maintain education spending after a recession that began in 2008 reduced available revenues.

“I have repeatedly stated and believe funding schools is the most important thing state government does,” Gov. Sam Brownback said in a statement Thursday afternoon. “The centerpiece of my agenda for the 2014 legislative session is to increase Kansas’s investment in all-day kindergarten, which is long overdue and a true path forward.”

Hutch Post

HUTCHINSON — The Kansas State Fair has announced acts for the 2014 U.S. Cellular Grandstand lineup.

The first acts have been confirmed for the Sept. 5 to 14 2014 Kansas State Fair — Hunter Hayes; Sawyer Brown with Aaron Tippin; and the Country Gold Tour, starring country legends Leroy Van Dyke, Jimmy Fortune of the Statler Brothers, T.G. Sheppard and Eddy Raven.

The demolition derby and Outlaw Truck and Tractor Pull also will return this year.

Tickets will go on sale May 10 at the Kansas State Fair ticket office or by calling (800) 362-3247. They also can be purchased online at www.kansasstatefair.tix.com.

Hutch Post

HUTCHINSON — A 27-year-old Hutchinson man charged with attempted first-degree murder after he allegedly attacked a Reno County prosecutor. Michael Sherman was arraigned Wednesday and entered a “not guilty” plea.

Sherman was charged with the attempted murder count or an alternative county of aggravated battery. The case is being prosecuted by a former Assistant District Attorney for Reno County, Greg Benefiel, who now works for the Kansas Attorney General’s office.

Sherman is alleged to have attacked Reno County District Attorney Keith Schroeder on July 10 after retired Judge William “Buck” Lyle upheld his sentence in a child sex case. Sherman is alleged to have jumped on Schroeder, who was sitting at the prosecution table a few feet away, and choked with restraints.

Schroeder said he had marks on his neck, which showed where the chains were around him, a mark behind his ear that was tender and an abrasion on his forehead as result of the attack.

Judge Trish Rose set a trial date of June 10.

Sherman is serving a life sentence for aggravated criminal sodomy of his own infant child in August 2012. He was sentenced under Jessica’s law.

By RYAN McCARTHY
KU Statehouse Wire Service

TOPEKA — In his update to the Public Health and Welfare Committee on Wednesday, Kansas Deputy Attorney General Jeff Chanay said the Obamacare law has caused several lawsuits across the country.

“The ACA (Affordable Care Act) created a complex scheme of new government regulations, mandates subsidies and agencies in an effort to achieve universal health care coverage,” Chanay said. “Immediately a majority of the states around the country and some business groups challenged various parts of the law, which included the individual mandate and Medicaid expansion.”

Although Chanay laid out five separate types of cases weaving through the court system, only one part created questions for the committee.

For religious reasons, Hobby Lobby and Conestoga wood do not want to be forced to include the coverage of contraceptive products such as the morning-after pill. The Supreme Court is set to hear the oral arguments on the case on March 25.

President Barack Obama signed the Affordable Care Act into law on March 23, 2010.

Sen. Laura Kelly, D-Topeka, asked about Hobby Lobby’s business practices and how that affected the Deputy General’s research for this hearing.

“Did the issue that probably 90-95 percent of products sold in Hobby Lobby come from China which has a forced abortion rule?” Kelly said. “So you have a company that doesn’t want to provide birth control to their employees, but had no trouble cutting deals with a country that forces abortion.”

Chanay responded quickly that his update was not about the social standing of contraception mandate.

“We were engaging on the legal issue itself,” Chanay said. “We weren’t looking particularly at Hobby Lobby itself or how it does business. We were instead looking at the overall question of whether or not a for-profit corporation has right under the RFRA (Religious Freedom Restoration Act) to stop contraception. We’ve not dealt into the practices of any individual companies.”

Sen. Mary Pilcher-Cook, R-Shawnee, the chair of the Public Health and Welfare Committee, dismissed Kelly’s comment relating to China.

“I think it’s a red herring,” she said. “I’m not going to debate a particular company. What I think what’s important is the principle at stake. We’re talking about freedom of speech. We’re talking about things that we’ve held very precious in our life.”

Throughout this legislative session, Pilcher-Cook, has introduced legislation to the Senate dealing with the Affordable Care Act. She has been one of the more outspoken people against Obamacare.

“I think the most important thing is give the public the education about what’s happening whether it’s in the courts or legislatively,” she said. “Especially with all the damage the federal health care law is doing right now to not only our health care, but our economy. We’ve got to stay focused on that.”

Ryan McCarthy is a University of Kansas senior from Lenexa majoring in journalism.

By ELISE REEUTER
KU Statehouse Wire Service

TOPEKA — Kansas residents soon could be able to purchase a bottle of wine with their groceries. In a hearing Wednesday, lawmakers discussed House Bill 2556, which would allow grocery and convenience stores to obtain liquor licenses.

The bill, which was originally proposed by Uncork Kansas, differs from previous attempts by instating a 10-year license freeze to help liquor store owners adjust to the new competition.

“The 10-year cap ultimately benefits the liquor store owner who would like to get out of the business,” said Jessica Lucas of Uncork Kansas.

According to the bill, store owners wishing to sell liquor would have to purchase an existing license from a retailer in their county during the 10-year period. A slow phase-in would allow these stores to gradually begin selling alcoholic beverages.  In 2017, stores could apply for a license to sell “stong” beer (with an alcohol content exceeding 3.2 percent), and in 2020 grocery and convenience stores could sell both beer and wine. By 2024, licenses for all types of alcohol will be available.

“Consumers ultimately win when there is competition in the marketplace and there are more places to buy products,” Lucas said. “We’re bleeding a lot of money to Nebraska and Missouri when Kansans go there to buy alcohol and groceries at the same time.”

While Lucas and other supporters of Uncork Kansas, including many convenience chains and grocery stores, say the compromise should help the bill pass, Lawrence liquor store owners are not satisfied with the deal. Those looking to keep their licenses and stay in the business were especially concerned about the addition of grocery stores to an industry that is already competitive.

“It’s said there’s a monopoly in state of Kansas; well, there’s not. Owners are limited to one liquor license,” said Matt Easley of On the Rocks Discount Liquor. “You have to really compete to gain business.”

While a liquor store might have a larger selection of available brands, including beverages put out by local wineries and breweries, most convenience stores and standard grocers won’t have the space dedicated to a large range of products. While this gives larger wholesale liquor stores an advantage, smaller businesses will still feel the hit.

“I don’t really like the idea of people I’ve known for many years losing their livelihood,” said Jon Smiley, owner of Cork and Barrel. “This would affect businesses that are more convenience driven, and less selection and price driven. So if you’re a small liquor store next to a grocery store, you’re in trouble.”

The biggest concern among the bill’s opposition is the availability of alcohol for minors. If HB 2556 is passed, the age for selling alcohol would drop from 21 to 18. This poses some concerns for local law enforcement who already struggle to combat underage drinking.

“Alcohol is a regulated product; it’s not a pair of shoes or a bag of potato chips,” Easley said. “Liquor store owners have a vested interest in not selling alcohol to minors, but for grocery stores it’s just another item.”

Some of the bill’s broad economic implications—including employment and taxation—merit further discussion. The House Committee of Commerce, Labor and Economic Development will work on the bill Thursday, with possible action in the afternoon.

Elise Reuter is a University of Kansas junior from Colorado Springs, Colo., majoring in journalism.

Kansas Department of Wildlife, Parks and Tourism

HOUSTON – Occidental Petroleum Corporation announced this week it has enrolled nearly 1.8 million acres of its oil and gas interests in Texas, New Mexico, Kansas and Oklahoma, in programs designed to support conservation measures for the Lesser Prairie-Chicken. The majority of the acreage has been enrolled in the Lesser Prairie-Chicken Range-Wide Conservation Plan, a conservation strategy developed by the Western Association of Fish and Wildlife Agencies (WAFWA) and endorsed by the U.S. Fish and Wildlife Service. Oxy’s remaining acreage in the LEPC habitat has been enrolled under an existing conservation agreement in New Mexico. The LEPC habitat covers nearly 40 million acres across Texas, Colorado, New Mexico, Oklahoma and Kansas.

One of the first oil and gas companies to enroll in the RWP, Oxy has committed approximately $12 million over a three-year period to fund LEPC conservation efforts. This funding, combined with that from enrollments by other energy companies, will enable WAFWA to pay landowners across five states to undertake approved conservation practices and habitat restoration measures. Oxy and other RWP enrollees are optimistic that USFWS can cite industry’s conservation commitment as justification for a decision to not list the LEPC as a threatened species. A final decision by USFWS on whether to list the LEPC as a threatened species is expected by March 30.

“The Range-Wide Plan represents an unprecedented collaboration between the USFWS and the states in protecting endangered species without adversely impacting our economy,” said Bill Albrecht, President, Oxy Oil and Gas, Americas. “Oxy’s enrollment under this state-managed agreement will ensure that the company can continue providing the jobs and producing the oil and natural gas important to the nation while also significantly supporting the conservation of this species.”

Waiting for a check from the state after filing your taxes?

The state of Kansas allows residents expecting a refund to check the status of the check online.

Click HERE to find out where your money is.

Hutch Post

HUTCHINSON — A Hutchinson man has been arrested after a stabbing Tuesday night.

The Hutchinson Police Department reported Richard Manwarren Sr., 46, was arrested at approximately 9:45 p.m. on suspicion of aggravated battery and aggravated assault after he allegedly stabbed 37-year-old Randy Dowers at his Hutchinson home.

Dowers suffered a stab wound and multiple cuts. He was taken by EMS to Hutchinson Regional Medical Center with non-life-threatening injuries. Another person in the house, Kimberly Hopper, 49, also allegedly was threatened with the knife.

Manwarren was booked into the Reno County jail on a $10,000 bond. The investigation continues.

By DAVE RANNEY
KHI News Service

TOPEKA — Kansans without health insurance have until March 31 to enroll in one of the coverage plans available through the Affordable Care Act’s marketplace.

Those who don’t have acceptable coverage by then could be subject to a penalty on their 2014 federal income taxes.

“For this year, the penalty will be $95 for each adult and $47.50 for each child,” said Katrina McGivern, communications coordinator with the Kansas Association for the Medically Underserved, which is leading a statewide campaign aimed at helping people understand the federal health reform law, often referred to as Obamacare, and navigate the marketplace.

The first year’s penalties, she said, would be due next year. The penalties grow stiffer in future years.

“For a family (of four) in the first year, the penalty is capped at $285 or 1 percent of the family’s income, whichever is higher,” McGivern said.

Those who don’t have health insurance in 2015 will be docked $325 per adult, $162.50 per child; or 2 percent of their income, she said, and then the penalty goes up again in 2016.

“For 2016, it’s $695 for each adult, $347.50 for each child, or 2.5 percent of the family’s income,” McGivern said.

People that fall into the so-called coverage ‘donut hole’ by earning too much to be on Medicaid but too little to qualify for premium subsidies or tax credits through the marketplace are exempt from the penalties.

“But they have to file an exemption form to get out of the penalty,” McGivern said.

Navigators, she said, also are reminding people that after March 31, there won’t be another opportunity to enroll in one of the marketplace plans until Nov. 15.

“A lot of people don’t understand that,” McGivern said. “They think they can wait and get it later. They can, but the next open enrollment is Nov. 15 through Jan. 15.”

A KAMU-led coalition of advocacy groups, state officials, and health care providers this month is hosting dozens of enrollment forums across the state. A complete list is available on the coalition’s website.

The forums are free and open to the public.

“Our navigators are definitely busy,” McGivern said. “Some are extending their hours to work in as many people as they can.”

Most of the events involve brief presentations, question-and-answer sessions, and one-on-one meetings with navigators.

Since October, the state’s largest health care provider, Via Christi Health, has hosted 32 enrollment forums in and around Wichita.

“We find that many consumers have a lack of understanding of what the Affordable Care Act means and what the marketplace is offering,” said Maggie Ward, an oncology nurse who is leading Via Christi’s enrollment initiative.

“Before Jan. 1, we were seeing people who were in real need of insurance because they had significant health problems or had been turned away because of pre-existing conditions,” Ward said. “What we’re seeing now are people who had a misunderstanding of what the Affordable care Act offers.”

Across the state, McGivern said, the consortium’s navigators have helped at least 2,100 Kansans enroll in the marketplace.

Prior to the launch of the marketplace, approximately 360,000 Kansans were uninsured.

According to a recent enrollment report from federal officials, 14,242 Kansans had selected health plans through the marketplace between its rocky start on Oct. 1 and Dec. 28, 2013.

It’s not clear how many uninsured Kansans will take advantage of the marketplace.

“The numbers are kind of tricky,” McGivern said. “We know that at the end of December, we’d helped 2,100 people actually enroll, but we have no way to know how many of the 5,000 we’ve assisted, went home, thought about it, and enrolled online on their own. Unless they tell us, we have no way to know that.”

By ASHLEIGH TIDWELL
KU Statehouse Wire Service

TOPEKA — Growing up in Southern California, Larry Nordstrom spent much of his time outside in the sun. In the 1950s and 60s there wasn’t much concern about skin protection. People were unaware of the dangerous effects. Sunscreen came in SPF 4 and wore off quickly with sweat and water.

Now at 67 years old, Nordstrom has lived with skin cancer for nearly 20 years. He’s had 11 operations to remove cancerous lesions, and eight of those operations were performed on his face, leaving with him permanent scarring.

Now Nordstrom must take extra precautions to protect his skin from the harsh sunlight. One of the precautions is to tint the windows of his 1995 Dodge Ram pick-up truck.

In order to drive comfortably in his car, Nordstrom needs to have his windows tinted with 20 percent light transmission tinting. In California all levels of tinting is legal but in Kansas that isn’t the case. So, when Nordstrom moved to Manhattan in 2006, his vehicle had illegal window tinting.

Kansas law requires window tinting to allow at least 35 percent light transmission. In May 2013, Kansas State University Police stopped Nordstrom for violating the tinting law.

Shortly after being stopped, Nordstrom contacted Rep. Sydney Carlin, D-Manhattan.

“I found it incredibly unreasonable given my condition,” Nordstrom said. “So I decided to be a good citizen and pursue the matter.”

Carlin agreed and introduced House Bill 2471, which would change state regulations to allow a medical exemption for those with certain conditions to tint their vehicle windows to 20 percent light transmission.

“There are plenty of people with diseases who need this protection,” Carlin said. “People with skin cancer, lupus and macular degeneration, they all have sensitivities to light.”

Carlin noted that at 35 percent light transmission people are still left vulnerable to the light that gets through, which makes driving painful or uncomfortable. Carlin also noted that Kansas is one of only nine states that do not allow such medical exemptions.

“We need to be able to take care of peoples medical disabilities and this is one of them,” Carlin said.

Carlin presented the bill to the House Transportation Committee last week, but there were several concerns. According to Carlin, the major concerns come from police officers who are concerned about the safety of darker tinted windows.

“They think of gangs when they see it and that’s their concern,” Carlin said.  “But these people are not gang members.”

Carlin’s solution to the safety of the officers is to require a medical exemption sticker to be placed on the bumper of the vehicle.

“If an officer sees the sticker on the bumper they would know there is a reason and they wouldn’t have to pull them over at all,” Carlin said.

Though the medical conditions are real, Carlin is concerned that the fear of safety from the public officials will prevent the bill from making it through committee.

“I understand the concerns,” Nordstrom said. “But legislation is all about compromise. The police and the legislators have to find something they can agree on, a middle ground.”

Nordstrom is hopeful that this legislation will come through so that people with his conditions can protect themselves.

“Cancer is the enemy here, not us,” Nordstrom said. “There has to be something done.”

Ashleigh Tidwell is a University of Kansas senior from Topeka majoring in journalism.