By CASEY HUTCHINS
KU Statehouse Wire Service

TOPEKA — The House easily approved a bill Thursday that would give Kansas landowners possession of wildlife illegally killed on their property.

House Bill 2538 hit the floor amid a property owner’s three-year dispute with the Kansas Department of Wildlife, Parks and Tourism. The agency seized a set of deer antlers and justified the action by pointing to a law allowing for improperly harvested wildlife to be used by the state for a public good.

The Republican-led House rejected the department’s position on a vote of 106-17, sending the measure to the Senate.

Rep. John Carmichael, a Wichita Democrat, joined with other representatives in urging the Legislature to stand up for landowners and farmers at odds with the position taken by agency officials.

“There are folks out here who are landowners who through the illegal actions of others lose valuable property that grazes their land,” Carmichael said. “To have someone illegally take the animal off their land is bad enough, but then after the crime has been committed have the state essentially confiscate those animals is a simple violation in my view of property owners’ rights.”

The incident sparking debate at the Capitol occurred in Osage County in 2011 when Topeka resident David Kent illegally shot a 14-point buck on Tim Nedeau’s land.

Kent was forced to surrender the record-setting antlers to the state wildlife department and pay $8,000 in restitution to Nedeau.

Nedeau has been working to regain ownership of the antlers ever since. The antlers are worth an estimated $25,000.

Rep. Will Carpenter, R-El Dorado, echoed the department’s opposition on the bill during floor debate.

“The wildlife in the state of Kansas belongs to the state,” Carpenter said. “This bill would blur the lines on that issue. We cannot imagine all the unintended consequences that we would have out of this bill.”

However, Rep. Ken Corbet, R-Topeka, said some folks in government forget who they’re working for in Kansas.

“It seems like we get people up here who get kind of overzealous and they consider the taxpayers, the farmers and the landowners to not be as worthy as some of the people who are elected or appointed,” Corbet said.

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

By EVAN DUNBAR
KU Statehouse Wire Service

TOPEKA — Friday marks the halfway point of the 2014 Kansas legislative session, better known as “turnaround.” Their chamber of origin must pass all bills, except some that are exempt, if they are to be considered during the second half of the session.

Several bills under consideration have educational implications, ranging from school sex abuse and sex education to student data and records, and new private charter schools.

Here are some notable bills in the House and Senate involving these education issues that have yet to pass in committee or on their respective chamber floors:

• House Bill 2432 would require each school district to adopt and implement a plan to address child sexual abuse for each of its schools offering grades kindergarten through six. The State Board of Education would develop materials and guidelines that local boards of education could use. The plan would require teacher training and education so teachers could be aware of child sexual abuse issues (such as identifying warning signs of sexual abuse), as well as age-appropriate student instruction that is related to child sexual abuse.

• Each district would be required to inform parents that they can review the educational materials and decide if the child should be instructed with the materials. If a parent decides that his or her child should not be taught, the parent would have to inform the school in writing. A hearing was held on the bill earlier this month, but no action has been scheduled.

• House Bill 2621 would prohibit boards of education from spending funds to implement extraneous information into a statewide longitudinal data system. The system is used to track student information over time in multiple schools. The bill states that personally identifiable information of any student or teacher “could not be provided by the State Board of Education, Department of Education, or any local school board to any federal, state or local agency, under certain circumstances.” The bill would prohibit implementing any examination or test which would collect certain data, including “data related to cognitive skills, psychological mindsets, social skills, or other intrapersonal resources,” unless written consent has been given by student’s parent or guardian.

• House Bill 2623 would require all school district building construction projects on or after Jan. 1, 2015, to include the construction of a storm shelter. The shelter would be located in the building of the new project and be designed and constructed in compliance with the rules and regulations adopted by the Adjutant General. If the building project already has an existing storm shelter, but it is not in compliance with these rules and regulations, the bill states the plans for the new project “would be required to include the remodeling or reconstruction of the existing storm shelter.” The Kansas Board of Education would be required to coordinate with the Adjutant General to develop, adopt, and enforce any of the rules and regulations. Representatives from the Department of Education said spending for the bill would be negligible because most new buildings around the state already include storm shelters. The bill was tabled by the House Education and Budget Committee on Tuesday.

• Senate Bill 211 would amend an existing law concerning elections for local governments. The bill would apply to these jurisdictions: extension districts, cities, boards of public utilities, water districts, drainage districts, irrigation districts, unified school districts, and community colleges. The bill states it would make all local elections “partisan instead of nonpartisan; move these elections from the spring of odd-numbered years to the fall of even-numbered years to coincide with national, state, and county elections; and eliminate the election of political party precinct committee positions at the August primary election.” The bill would also “eliminate ballot rotation, where candidates’ names are rotated so each candidate’s name shows at the top of the list an equal number of times through the election district.” The Senate Election Committee decided not to work on this bill Wednesday.

• Senate Bill 196 would create the Kansas Public Charter School Act, which would allow Public Charter Schools to open and operate without oversight from state laws, rules and regulations, other than those outlined in the bill. Any organization that wants to be a PCS authorizer may apply to the State Board of Education for a grant of authority. The application would be submitted in a form and manner determined by the State Board of Education.

Each authorizer would be required to report annually to the board, the governor and the legislature on the progress of the PCS. The bill would outline the information that must be submitted to the authorizer for approval of a PCS. The initial term of a charter for a PCS would be five years and a PCS would be considered part of the state’s public education system.

• Senate Bill 376 would require local boards of education to receive written consent from a parent or legal guardian before instruction on health and human sexuality is given to a student.  The bill states local boards of education “must provide all instructional materials on health and human sexuality when requested by a parent or legal guardian before a decision is made to allow the student to be instructed.” The bill has no current scheduled action.

Evan Dunbar is a University of Kansas senior from Houston, majoring in journalism.

JC Post

JUNCTION CITY — Geary County USD 475 pulled the plug in its Internet service after what is believed to be a cyberattack overloading the district’s systems.

“The first outage affected most of the state. The attackers sent out a code that caused one or more computers to repeatedly send out millions of pieces of data to clog our network,”  Superintendent Ron Walker said in a new release.

He said the district’s firewall prevented any access to financial or confidential information.

Consultants were called in by the school district to help resolve the problem.

Hutch Post

HUTCHINSON — A well-known McPherson optometrist was injured in a one-vehicle accident just north of Hutchinson on Wednesday night.

According to the Kansas Highway Patrol, Jerry Leopold, 61, was northbound on Kansas 61 when he swerved to avoid a slower vehicle.

His SUV went into the median and rolled several times. Leopold had to be extricated from the vehicle and was then airlifted to St. Francis Regional Medical Center.

He is listed in serious condition. The accident happened approximately 8:30 p.m. near the K-61 and 43rd Avenue overpass, 1 mile north of Hutchinson.

By RYAN McCARTHY
KU Statehouse Wire Service

TOPEKA — A bill was presented in the House on Wednesday that would provide incentives to out-of-state residents to relocate to southeastern Kansas communities.

Rep. Sydney Carlin, D-Manhattan, brought House Bill 2417 to the House floor for debate, saying, “The program helps attract fine investment businesses and job growth in rural areas of the state.”

Legislators from Labette, Montgomery and Cherokee counties talked about the Rural Opportunity Zones program last week in the Agriculture and Natural Resource Committee.

The program would provide tax exemptions for five years and $15,000 student loan repayment to out-of-state residents who move to those Kansas counties. The rural opportunity bill would also provide a much-needed population boost.

Gov. Sam Brownback established the Rural Opportunity Zones program in 2011 for counties that lost 10 percent population during the previous decade. This bill would be an addition to the program.

The initial program included 40 counties in the states, but it jumped to 50 after the legislature saw the program possibilities. Last year, the program expanded to 23 more counties including Jackson and Wabaunsee counties.

Rep. Don Schroeder, R-Hesston, a member of the Agriculture and Natural Resources Committee, brought up his support for the bill and its amendments.

Schroeder and other lawmakers talked about the problem of people working in Kansas but living in Oklahoma. Schroder wanted to see if these people can stay and be tax-paying citizens of Kansas.

“All of these counties that border the Oklahoma line sometimes struggle to get workers,” Schroeder said. “Let’s see if we can do something to attract people to live and work in this state.”

Rep. Jim Kelly, R-Independence, who lives in Montgomery County on the Oklahoma border, has seen the impact in his community.

“Montgomery County has 12.5 percent of its workforce that travels in to work,” Kelly said. “ $41 million a year is going out of state with wages earned in Kansas jobs in air craft and equipment manufacturing.”

Kelly also said the Kansas Department of Commerce supported the idea of Kansas workers living in Kansas rather than Oklahoma or Missouri.

Final action for this bill would be coming up later in the week.

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

TOPEKA–The Kansas Department of Transportation announced Thursday that permits will be issued to landowners wanting to harvest hay on Kansas highway right-of-way.

Those with land adjacent to the right of way will be given permit priority from Jan. 1 until March 31. After March 31, permits to harvest will be issued in the order in which they are received. The permits will expire Sept. 30.

Hay harvesting on right-of-way along state and federal highways without a permit is illegal and is trespassing, according to KDOT.

Permits can be canceled at any time by either party and all operations shall be in accord with requirements and guidelines set by KDOT. Any person, firm or corporation wanting to mow or bale hay will need to submit a permit application to the KDOT office in their area. No hay harvesting will take place along Interstates, and access to any right of way shall be determined by KDOT.

For additional information, contact your northwest Kansas local KDOT office listed below; or call the KDOT Bureau of Maintenance in Topeka at (785) 296-3576.

Northwest Kansas

Norton, (785) 877-3315

Phillipsburg, (785) 543-2163

Atwood, (785) 626-3258

Hays, (785) 625-9718

Oakley, (785) 672-3113

KANSAS CITY, KAN. – Assistant U.S. Attorney Tris Hunt has been named Outstanding Prosecutor of the Year for his work with the High Intensity Drug Trafficking Area program, U.S. Attorney Barry Grissom said in a news release yesterday.

The national award from the Office of National Drug Control Policy recognizes Hunt for his work with the Midwest HIDTA on a large scale investigation of methamphetamine trafficking that resulted in the prosecution of 17 individuals.

“Tris Hunt is an outstanding prosecutor,” said U.S. Attorney Barry Grissom. “He sets a high standard and he brings out the best in his colleagues.”

The award recognizes the prosecutor who has consistently developed and utilized an innovative or unique approach. Winners must demonstrate a commitment to the cooperative spirit of the task force approach, the timely development and application of legal tools and the arrest, prosecution and conviction of individuals engaged in illegal drug activities.

The award recognizes Hunt for his work with the Drug Enforcement Administration in Kansas City, Homeland Security Investigations and the Jackson County Drug Task Force, as well as many other law enforcement agencies.

The Executive Board of the Midwest HIDTA also recognized Hunt as the region’s Outstanding Prosecutor of 2013.

David Barton, Director of the Midwest HIDTA, said Hunt’s work has involved some of the more complex issues ever undertaken by the Department of Justice’s Criminal Division and the DEA-Investigative Technology section.

TOPEKA – A report issued by the United States Department of Agriculture’s (USDA) National Agriculture Statistics Service (NASS), shows Kansas’ milk production grew at the fastest rate in the United States, growing 7.3 percent, in 2013.

Kansas posted the third largest increase in total pounds of milk production in 2013, only trailing dairy giants Wisconsin and New York.

The dairy industry in Kansas is a crucial component to the state’s agricultural industry and overall economic growth. According to Josh Roe, economist for the Kansas Department of Agriculture, the value of milk produced in Kansas totaled nearly $592 million adding approximately $131 million to the Kansas economy and 482 jobs in 2013.

“The remarkable growth we have seen in Kansas this year and in years past is an excellent testament to the quality of work Kansas dairymen and women conduct on a daily basis,” said Billy Brown, Kansas Department of Agriculture’s Dairy Agribusiness Development coordinator in a news release. “Our dairies are an economic engine for rural Kansas, and we thank our dairy farmers for their commitment to continuing to grow the industry and rural Kansas by producing a wholesome and nutritious product.”

Kansas is home to more than 300 dairy farms and 137,000 dairy cows.

For more information on Kansas’ Dairy Industry, visit www.agriculture.ks.gov/divisions-programs/dairy-in-kansas.

 

 

By HANNAH WISE
KU Statehouse Wire Service

TOPEKA — The Senate committee on education ducked discussion of creating a Kansas public charter school act Tuesday, but moved two other bills to the Senate floor.

The committee last heard testimony on the establishment of charter schools on Feb. 14 and further discussion was slated for Tuesday’s hearing. If passed, the measure would increase the number of charter schools in the state by allowing more public entities to establish charter schools. It would also remove procedural and funding barriers for charter schools.

Sen. Pat Pettey, D-Kansas City, said the bill is still on the table, but committee members who are not in support of charter schools are still trying to shore up votes before it is presented to the committee again. She said it is unlikely to be heard next week but it will be heard before the session is up.

The committee did move an amended form of SB 335 to the Senate floor by a 6-2 vote with three abstentions. The bill would require that school districts implement a drug screening program for all employees. The program will be based upon suspicion of illegal drug use by any employee.

The amendment passed Tuesday would allow the employee to request a second drug test of the same specimen by a different testing facility to check for false positives. The bill says that school districts must wait to administer disciplinary action against the employee until the second drug test is conducted.

The bill also calls for districts to create an “impaired teacher program,” to assist teachers who have completed a drug or alcohol treatment program and are returning to teach. If a teacher fails a drug screening and refuses to enter a treatment program, then the bill allows for the teaching license to be suspended or revoked.

Lawrence Public School district policy states that district employees shall not possess, use or sell drugs or alcohol on district property. If employees violate this policy, they are reported to law enforcement and required to attend counseling or rehabilitation at their own cost. The district also has the option to suspend or terminate the employee.

The same bill generated some debate over new regulations that would require all new applicants for teaching licenses to be finger printed by law enforcement.i Fingerprints would be kept on file with the Kansas Bureau of Investigation and used to conduct criminal background checks. The KBI will notify school districts if any of the teachers’ fingerprints are related to a crime in the state.

The State Board of Education will not issue licenses to individuals who have been convicted of rape, indecent liberties with a child or aggravated indecent liberties with a child. They will also revoke teaching licenses for the same list of crimes.

The original version of the bill called for teachers to be fingerprinted every five years for license renewal but the committee decided that it would be excessive. After some debate, the committee was informed that the State Board will be hearing a measure in March that will require all teachers to be fingerprinted eliminating some committee members’ concerns about some teachers not being put into the system. All teachers would be subject to the law and no one will grandfathered.

Also Tuesday, the committee unanimously passed SB 367, a student data privacy act. It is intended to protect individual student data from third parties. It would only allow student data to be disclosed to authorized personnel from state agencies if the school and the state agency. It also only allows aggregate data that does not identify individual students to be disclosed. Individual student data will only be disclosed to parents or guardians of the student.

Both SB 367 and SB 335 will be heard in the full Senate this session.

Hannah Wise is a University of Kansas senior from Wichita majoring in journalism.

Kansas Department of Commerce

TOPEKA — The Kansas Department of Commerce and the Older Worker Task Force will continue to accept nominations for the Older Worker Awards through March 31. The Older Worker Awards ceremony will be held April 24 at the Topeka and Shawnee County Public Library.

The Older Worker Awards ceremony honors older workers who continue to play crucial roles in the Kansas workforce and economy, as well as their employers. Honorees will include older workers who are employed in both public and private sector jobs, and businesses and companies that regularly employ workers age 55 and older.

Nominations for workers 55 and older and for companies that employ older workers are due March 31. Nomination forms are available at KansasCommerce.com/OlderWorkers.

Nominations are accepted for three award categories:

• Outstanding Older Worker: Bestows appreciation on an older worker who demonstrates outstanding qualities of leadership, dedication and commitment. Nominations are open to the general public. Nominees must be 55 years or older, residents of Kansas and working at least 20 hours a week in paid employment. Previous winners are not eligible.

• Oldest Worker: Celebrates the tenacity and fortitude of the experienced worker and is awarded on the basis of age of those working for pay. Previous winners are not eligible.

• Employer of the Older Worker Award: Bestows appreciation on a business that promotes, recruits, retains and develops experienced workers, and provides a positive and friendly work environment for older workers.

By ELISE REUTER
KU Statehouse Wire Service

TOPEKA — Protesters lined the sidewalks facing the Kansas Statehouse, battling freezing temperatures as they contested a “religious freedoms” bill that recently passed a House vote.

The discussion surrounding House Bill 2453 has snowballed, gaining national media attention, as the bill would allow individuals and businesses to deny marriage-related services that would conflict with “sincerely held religious beliefs.”

Opponents of the bill said it was a license to discriminate. Legislators worried that the bill’s broad language would create unintended consequences.  Soon after, Sen. President Susan Wagle, R-Wichita, issued a statement saying that the bill did not have the support of the Senate majority, and that she had “…grown concerned about the practical impact of the bill.”

With a similar bill passed in Arizona—though still unsigned—and several others proposed across the nation, opponents worry that a revised version of HB2453 may reappear in the Statehouse. Just last week, the neighboring state of Missouri proposed similar legislation. So, dozens of students, couples both young and old, children and parents donned their winter coats and protested outside, as snowflakes drifted from the sky.

“The fight isn’t over. There are still people in that building right across the street who want this bill to pass,” said Ryan Wilks, a painter from Overland Park who helped organize the protest. “There are 13 states that are trying to pass similar bills right now, and we need to make a statement that the people will rally. This is democracy. The most American thing we can do is protest this.”

Wilks and University of Missouri-Kansas City student Jen Harris used social media to spread the word about the protest. While more than 806 people joined the event on Facebook, a smaller crowd manned megaphones outside the Statehouse on Tuesday morning.

Later in the day, members of the Equality Kansas Coalition, ACLU Kansas and other organizations spoke, along with several representatives who voted against the bill.
“We want to bring attention to legislators and the governor, and let them know there are citizens that are concerned and do not agree with discrimination of any kind,” said Gary Martens, with Equality Kansas.

Protestors marched up and down the block, carrying brightly colored signs saying “Somewhere over the rainbow, we’re all equal,” and “Gay rights are human rights.” Occasionally, they paused to share personal stories about coming out in Kansas, or the stories of their children, brothers, sisters and friends, some of whom left the state due to restrictions on gay marriage.

“My name’s David. I’m from Topeka. Paul, my lover, and I have been together for about 20 years. We’re not moving,” said David Pomeroy, who works as a teacher in Topeka.
Others drove in to contribute to the dialogue. Amy Britain, who currently lives with her partner in Rochester, Minn., drove to Topeka to represent her home state in the national discussion.

“I was raised in Kansas; I came out in Kansas,” Britain said. “People’s faith is wonderful, but it shouldn’t have anything to do with our law. People forget that there is a separation of church and state.”

With the overwhelming response from local businesses, residents and advocates across the nation, it’s unlikely that HB2453 is going anywhere soon.

“Our gay agenda is to feed the dog, buy milk and love our neighbors, things like that,” Britain added.

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