TOPEKA, Kan. (AP) — Democratic Gov. Laura Kelly and the Republican-controlled Kansas Legislature are headed toward big fights over spending on special education programs, pay raises for government workers and how much the cash-flush state should sock away for worse economic times.

Kelly released budget proposals Thursday that include depositing $500 million into the state's rainy day fund, giving state workers a 5% pay increase across the board and phasing in a 61% increase in spending on programs in K-12 public schools for children with special needs.

Top Republican lawmakers want Kansas to set aside at least $1 billion of its current surplus as a hedge against future budget shortfalls. The GOP chairs of the House and Senate budget committees had strong misgivings Thursday about giving an across-the-board pay raise to state workers, and the chair of a House committee on education spending questioned whether the extra money for special education is necessary.

The governor's budget director, Adam Proffitt, told the House and Senate budget committees that Kelly is “looking across the horizon” to ensure that both tax cuts and government programs can be sustained into the future. Kansas endured persistent budget shortfalls during&nbsp;<a href="https://apnews.com/article/e4f794cd96cb488cb04ab1cd48b1458d">a 2012-2017 Republican experiment</a>&nbsp;in slashing income taxes.

“We’re building a better Kansas for working families and retirees -- all while maintaining a balanced budget," Kelly said in a statement.

Kelly, who won a second term in November, already was headed toward a clash with Republican legislators over&nbsp;<a href="https://apnews.com/article/abortion-politics-kansas-us-republican-party-05b571d0069ae9adc73f0a9a57e2d57e">how best to cut taxes</a>. The state is projecting $3.2 billion in surplus cash in its treasury at the end of June 2024 and nearly $1 billion more already in the rainy day fund. The Legislature is set to remain in session until early May.

Kelly's biggest tax proposal is eliminating the state's 4% sales tax on groceries, while GOP leaders want to create a “flat” income tax, rather than having multiple tax brackets for filers.

Putting a larger amount of the current projected surplus into the rainy day fund for future use limits lawmakers’ options for tax cuts or new spending.

Kelly proposed&nbsp;<a href="https://budget.kansas.gov/wp-content/uploads/FY2024_GBR-Vol1-01.12.2023.pdf">a $24.1 billion spending blueprint</a>&nbsp;for state government for the 2024 budget year, which begins July 1. That's $1.2 billion, or 5.3%, more than the current&nbsp;<a href="https://budget.kansas.gov/wp-content/uploads/FY-2023_Comparison_Report-07.14.2022.pdf">$22.9 billion budget approved by lawmakers last year.</a>

Proffitt expressed confidence that the state's revenue projections will hold up through June 2024.&nbsp;<a href="https://apnews.com/article/december-2022-inflation-report-72bb938a443ab0500bd72d23f62214ad">Inflation has eased</a>&nbsp;over the past six months from decades-high levels, but the head of the Legislature's research staff, J.G. Scott, told the budget committees Thursday that eventually, it and the U.S. Federal Reserve's&nbsp;<a href="https://apnews.com/article/inflation-business-jerome-powell-government-and-politics-875599570f2b3bfc132963010a404f09">increases in interest rates</a>&nbsp;to contain it will cause “a lot of cooling in the economy.”

“We keep hearing the word ‘uncertainty,’” said Democratic state Sen. Jeff Pittman, of Leavenworth.

Proffitt argued that setting aside another $500 million — to build the rainy day fund up to a total of $1.5 billion — would be enough to cover even the worst year's decline in revenues.

But several Republicans said they want the state to have $2 billion on hand, enough to plug $1 billion a year into the budget for two years. Senate President Ty Masterson, an Andover Republican, told reporters this week that he wants Kansas ready for economic problems as bad as or worse than those of the Great Recession of 2007-08.

“I don’t want us to take that hit like we did last time,” Masterson said.

Kelly's proposed pay increases for government workers would help short-staffed agencies recruit and retain employees, Proffitt said. But Republicans said they want to concentrate first on boosting the pay of workers whose salaries are at least 5% below those of people holding similar jobs with private companies.

Meanwhile, educators are focusing on boosting spending on special education programs after years of increases in the state's general aid to local school districts. Kansas law sets a target of having the state cover 92% of the additional costs tied to special education, but the current spending of $546 million covers only 76%.

With special education costs typically rising each year, Kelly's plan would boost the state's spending by $336 million over five years, bringing it to $882 million for the 2028 budget year.

But state Rep. Kristey Williams, an Augusta Republican who chairs the House's committee on K-12 spending, has repeatedly questioned how the state calculates excess special education costs and the dollars available to cover them.

And she said Thursday, “Money's not always the answer to every problem.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673627321881.png" alt="The governor's budget director, Adam Proffitt, told the House and Senate budget committees that Kelly is “looking across the horizon” to ensure that both tax cuts and government programs can be sustained into the future" />
 <figcaption>The governor's budget director, Adam Proffitt, told the House and Senate budget committees that Kelly is “looking across the horizon” to ensure that both tax cuts and government programs can be sustained into the future</figcaption>
 </figure>TOPEKA, Kan. (AP) — Democratic Gov. Laura Kelly and the Republican-controlled Kansas Legislature are headed toward big fights over spending on special education programs, pay raises for government workers and how much the cash-flush state should sock away for worse economic times.Kelly released budget proposals Thursday that include depositing $500 million into the state's rainy day fund, giving state workers a 5% pay increase across the board and phasing in a 61% increase in spending on programs in K-12 public schools for children with special needs.Top Republican lawmakers want Kansas to set aside at least $1 billion of its current surplus as a hedge against future budget shortfalls. The GOP chairs of the House and Senate budget committees had strong misgivings Thursday about giving an across-the-board pay raise to state workers, and the chair of a House committee on education spending questioned whether the extra money for special education is necessary.The governor's budget director, Adam Proffitt, told the House and Senate budget committees that Kelly is “looking across the horizon” to ensure that both tax cuts and government programs can be sustained into the future. Kansas endured persistent budget shortfalls during&nbsp;<a href="https://apnews.com/article/e4f794cd96cb488cb04ab1cd48b1458d">a 2012-2017 Republican experiment</a>&nbsp;in slashing income taxes.“We’re building a better Kansas for working families and retirees -- all while maintaining a balanced budget," Kelly said in a statement.Kelly, who won a second term in November, already was headed toward a clash with Republican legislators over&nbsp;<a href="https://apnews.com/article/abortion-politics-kansas-us-republican-party-05b571d0069ae9adc73f0a9a57e2d57e">how best to cut taxes</a>. The state is projecting $3.2 billion in surplus cash in its treasury at the end of June 2024 and nearly $1 billion more already in the rainy day fund. The Legislature is set to remain in session until early May.Kelly's biggest tax proposal is eliminating the state's 4% sales tax on groceries, while GOP leaders want to create a “flat” income tax, rather than having multiple tax brackets for filers.Putting a larger amount of the current projected surplus into the rainy day fund for future use limits lawmakers’ options for tax cuts or new spending.Kelly proposed&nbsp;<a href="https://budget.kansas.gov/wp-content/uploads/FY2024_GBR-Vol1-01.12.2023.pdf">a $24.1 billion spending blueprint</a>&nbsp;for state government for the 2024 budget year, which begins July 1. That's $1.2 billion, or 5.3%, more than the current&nbsp;<a href="https://budget.kansas.gov/wp-content/uploads/FY-2023_Comparison_Report-07.14.2022.pdf">$22.9 billion budget approved by lawmakers last year.</a>Proffitt expressed confidence that the state's revenue projections will hold up through June 2024.&nbsp;<a href="https://apnews.com/article/december-2022-inflation-report-72bb938a443ab0500bd72d23f62214ad">Inflation has eased</a>&nbsp;over the past six months from decades-high levels, but the head of the Legislature's research staff, J.G. Scott, told the budget committees Thursday that eventually, it and the U.S. Federal Reserve's&nbsp;<a href="https://apnews.com/article/inflation-business-jerome-powell-government-and-politics-875599570f2b3bfc132963010a404f09">increases in interest rates</a>&nbsp;to contain it will cause “a lot of cooling in the economy.”“We keep hearing the word ‘uncertainty,’” said Democratic state Sen. Jeff Pittman, of Leavenworth.Proffitt argued that setting aside another $500 million — to build the rainy day fund up to a total of $1.5 billion — would be enough to cover even the worst year's decline in revenues.But several Republicans said they want the state to have $2 billion on hand, enough to plug $1 billion a year into the budget for two years. Senate President Ty Masterson, an Andover Republican, told reporters this week that he wants Kansas ready for economic problems as bad as or worse than those of the Great Recession of 2007-08.“I don’t want us to take that hit like we did last time,” Masterson said.Kelly's proposed pay increases for government workers would help short-staffed agencies recruit and retain employees, Proffitt said. But Republicans said they want to concentrate first on boosting the pay of workers whose salaries are at least 5% below those of people holding similar jobs with private companies.Meanwhile, educators are focusing on boosting spending on special education programs after years of increases in the state's general aid to local school districts. Kansas law sets a target of having the state cover 92% of the additional costs tied to special education, but the current spending of $546 million covers only 76%.With special education costs typically rising each year, Kelly's plan would boost the state's spending by $336 million over five years, bringing it to $882 million for the 2028 budget year.But state Rep. Kristey Williams, an Augusta Republican who chairs the House's committee on K-12 spending, has repeatedly questioned how the state calculates excess special education costs and the dollars available to cover them.And she said Thursday, “Money's not always the answer to every problem.”

Fight over Kan. budget surplus: GOP leaders propose flat income tax

SHAWNEE COUNTY—Law enforcement authorities are investigating the death of a child and have made an arrest.

On January 4, investigators with the Topeka Police Department&nbsp;became aware of a child abuse case that involved a child who was being&nbsp; treated at a local hospital, according to Lt. Donna Eubanks. The 16-month-old boy died at the hospital on Sunday.

As a result of the investigation, on Thursday,&nbsp; police arrested 40-year-old Dustin J. Kelley, 40 of Topeka on requested charges of Murder in the 1st Degree, Abuse of a Child and Aggravated Endangering a Child.

The child and Kelley were known to one another, according to Eubanks.

Kelley has previous convictions for aggravated battery and burglary, according to the Kansas Dept. of Corrections. He had been discharged from the state department of corrections in October.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673572924426.png" alt="Kelley has previous convictions for aggravated battery and burglary, according to the Kansas Dept. of Corrections-photo Shawnee Co." />
 <figcaption>Kelley has previous convictions for aggravated battery and burglary, according to the Kansas Dept. of Corrections-photo Shawnee Co.</figcaption>
 </figure>SHAWNEE COUNTY—Law enforcement authorities are investigating the death of a child and have made an arrest.On January 4, investigators with the Topeka Police Department&nbsp;became aware of a child abuse case that involved a child who was being&nbsp; treated at a local hospital, according to Lt. Donna Eubanks. The 16-month-old boy died at the hospital on Sunday.As a result of the investigation, on Thursday,&nbsp; police arrested 40-year-old Dustin J. Kelley, 40 of Topeka on requested charges of Murder in the 1st Degree, Abuse of a Child and Aggravated Endangering a Child.The child and Kelley were known to one another, according to Eubanks.Kelley has previous convictions for aggravated battery and burglary, according to the Kansas Dept. of Corrections. He had been discharged from the state department of corrections in October.

Kansas man accused in abuse death of 16-month-old

By CELIA LLOPIS-JEPSEN <a href="https://www.kcur.org/news/2023-01-13/the-keystone-operator-must-repay-some-not-all-of-the-tax-dollars-spent-on-its-kansas-oil-spill">Kansas News Service</a>

When the Keystone pipeline burst in rural Kansas last month, county workers rushed to build an emergency dam on Mill Creek.

Meanwhile, federal agencies dispatched pipeline and environmental experts to the scene.

And the state set about sampling water and searching for injured animals.

All
 of this costs taxpayers — from transporting and housing workers to 
cladding them in waders that require special disposal because the gear 
becomes permanently contaminated.

TC Energy, the Canadian company 
behind the spill, will have to repay some, but not all, of the public 
money spent on handling it.

This week, several government agencies expressed confidence that they will ultimately recover their expenses.

In the case of the federal and state governments, laws and binding orders apply.

Washington
 County emergency manager Randy Hubbard said that he isn’t aware of any 
laws that require TC Energy to reimburse a local government, but the 
company has vowed to do so.

“From day one TC Energy has been very 
adamant and forthcoming about offering to cover any County related 
expenses,” he said in an email, “including but not limited to labor, 
resources or materials.”

TC Energy reported an annual revenue of more than $13.3 billion and a net income of more than $2 billion in its most recent <a href="https://www.tcenergy.com/siteassets/pdfs/investors/reports-and-filings/annual-and-quarterly-reports/2021/tc-2021-annual-report.pdf" target="_blank">yearly report</a>.

The
 Keystone is the company’s biggest pipeline system for oil and carries 
crude from Canada to refineries in the Midwest and the Gulf Coast. The 
system has <a href="https://kansasreflector.com/2022/12/13/keystone-pipeline-has-history-of-spills-warnings-and-fines-kansas-spill-is-largest-yet/" target="_blank">spilled numerous times</a>, but the rupture in Kansas that released an estimated 588,000 gallons of tar sands crude oil was the biggest spill to date.

A wide array of government agencies responds to inland oil spills.

At least two Kansas agencies say they can get TC Energy to reimburse for their efforts responding to the spill.

<a href="https://www.ksrevisor.org/statutes/chapters/ch65/065_001_0071v.html" target="_blank">By state law</a>,
 TC Energy must repay the Kansas Department of Health and Environment. 
If the company fails to pay, the same law instructs the attorney general
 to sue.

The Kansas Department of Wildlife and Parks said it, too,
 will recuperate its costs. The agency is tracking staff time, mileage 
and equipment.

The federal government, meanwhile, could rack up 
costs not just through the U.S. Environmental Protection Agency, but 
also for support from the U.S. Fish and Wildlife Service, the U.S. Army 
Corps of Engineers, the National Oceanic and Atmospheric Administration,
 the U.S. Department of Transportation and more.

Some of that spending of tax dollars will get repaid.

This month, TC Energy agreed to an EPA order that binds the company 
to reimburse direct and indirect costs within 30 days of being billed.

That
 includes, for example, the federal government monitoring TC Energy 
workers and contractors pulling oil from the creek. And the 
reimbursement order applies retroactively to costs dating back to the 
spill more than a month ago.

But other federal activities fall outside the order — such as sending pipeline safety enforcers to Washington County.

USDOT’s Pipeline and Hazardous Materials Safety Administration said it doesn’t have the authority to seek reimbursement.

The
 county has already submitted documentation of its costs to the company,
 Hubbard said. (The Kansas News Service has filed a public information 
request for the records.)

County emergency workers provided boots on the ground critical to a swift response.

At
 about 12:30 a.m. on Dec. 8, TC Energy called in a possible leak to a 
federal hotline for oil spills. By about 1:30 a.m., Hubbard and the 
county’s road supervisor got involved. The county worked with the 
company to dam Mill Creek, where thousands of barrels of oil were 
sliding downstream.

“A better part of the first day was spent 
building this dam,” Hubbard said in an email. “Additionally, our Road 
and Bridge crew spent a better part of the first 2 days putting down 
rock and prepping/grooming roads in the immediate area to better support
 the anticipated arrival of heavy equipment for the response.”

Hubbard
 praised TC Energy’s efforts, saying he had witnessed its commitment to 
remediating the area, keeping workers safe and communicating with 
landowners.

“TC Energy has been great to work with throughout the 
entirety of this unfortunate event,” he said. “Additionally, TC Energy 
has used, and continues to use local contractors whenever possible.”

The
 company announced it would donate $7,500 to equip local emergency 
responders with better mobile and radio equipment. It also said it would
 match donations made by the public to Washington County Hospital.

1.
 State environment officials are now finding less benzene and other 
chemicals downstream from the four-mile stretch of creek that TC Energy 
isolated last week.

That stretch had already been dammed to 
hold back floating oil but water continued to flow downstream beneath 
the surface. As of last week, TC Energy is temporarily diverting water 
from upstream of the spill, allowing it to bypass and seal off four 
miles of stream while the cleanup continues.

This week, the state 
announced that contamination is decreasing downstream in Mill Creek and 
the river it feeds into, the Little Blue. However, it says people 
shouldn’t touch Mill Creek anywhere downstream of the spill site. They 
should keep their pets and livestock away, too.

The Kansas News Service has asked the state for the results of weekly water sampling.

Families
 who rely on private wells in the area or who use water from Mill Creek 
or the Little Blue for livestock and ponds can ask TC Energy to test 
their water. (Email public_affairs_us@tcenergy.com or call 
1-855-920-4697.)

2. Oil-soaked animals get treated at a rehabilitation shelter.

“This
 area is heated, covered, protected, and staffed by a team of wildlife 
rehabilitation professionals and biologists,” a spokesman for the EPA 
said by email. “The lead in this response has over 20 years of 
experience in wildlife rehabilitation and oiled wildlife response.”

Reporters
 have not been allowed to visit the spill site or the animal 
rehabilitation shelter, or interview the Fish and Wildlife Service, 
which works on wildlife matters at the site.

The total number of dead animals isn’t clear, but includes at least one beaver that succumbed despite attempts to treat it.

Scores
 of fish died, even though oil spills in water bodies generally don’t 
take the same toll on fish as they do on turtles, birds and mammals that
 penetrate the oil slick to enter and leave the water. Scientists say 
the impact on fish increases when oil spills happen in <a href="https://response.restoration.noaa.gov/oil-and-chemical-spills/oil-spills/how-oil-spills-affect-fish-and-whales.html" target="_blank">shallow water</a>.

3.
 Neither the state nor the federal government have released photos of 
injured, dead or rehabilitated animals that the Kansas News Service has 
asked for. Kansas says it is withholding the photos because it is 
investigating the oil spill.

4. TC Oil signed a consent order this month with the EPA that requires it to clean up Mill Creek and its banks.

The
 company has to recover the spilled oil from the creek and its banks, 
and remove contaminated soil and plants that could lead to more 
chemicals reaching the water.

This oil recovery has to continue until the EPA and Natural Resource Trustee Agencies agree the company is finished.

TC Energy also has to monitor for contamination downstream, but the order doesn’t specify what methods it should use. <a href="https://www.kcur.org/news/2022-12-15/not-just-any-oil-spill-the-keystone-pipeline-dumped-notoriously-hard-to-clean-dilbit-in-kansas" target="_blank">The Keystone spilled dilbit</a>
 in Kansas, a special product from the Canadian tar sands that doesn’t 
behave like traditional crude oil. A National Academies of Sciences 
study found little in the way of reliable options to detect dilbit once 
it begins moving below the surface in moving water.

The federal 
consent order makes no mention of special requirements related to 
cleaning up dilbit, though top scientists have urged the federal 
government to change its policies and procedures to distinguish dilbit 
spills from regular crude oil spills.

5. It's unclear whether the federal government considers the consent order to apply to the entire spill site.

When
 the pipeline burst, it spewed crude oil into the air that splattered 
across acres of agricultural land, in addition to the oil that poured 
into the creek.

The Kansas News Service asked whether the EPA’s 
consent order applies to all land affected by the spill, not just the 
creek and its banks.

The EPA replied: “The current order is issued
 pursuant to the Clean Water Act. It requires the Respondent to conduct 
removal actions to abate and mitigate the imminent and substantial 
threat to Mill Creek and adjoining shorelines that is presented by the 
discharge of oil from the ruptured pipeline.”

But the EPA added that it “continues to coordinate with KDHE on a comprehensive cleanup strategy.”

The EPA also says KDHE may require TC Energy to perform work “that is beyond EPA’s Clean Water Act authority.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673624080128.png" alt="Crews work on oil recovery at Mill Creek on Dec. 28, 2022. EPA" />
 <figcaption>Crews work on oil recovery at Mill Creek on Dec. 28, 2022. EPA</figcaption>
 </figure>By CELIA LLOPIS-JEPSEN <a href="https://www.kcur.org/news/2023-01-13/the-keystone-operator-must-repay-some-not-all-of-the-tax-dollars-spent-on-its-kansas-oil-spill">Kansas News Service</a>When the Keystone pipeline burst in rural Kansas last month, county workers rushed to build an emergency dam on Mill Creek.Meanwhile, federal agencies dispatched pipeline and environmental experts to the scene.And the state set about sampling water and searching for injured animals.All
 of this costs taxpayers — from transporting and housing workers to 
cladding them in waders that require special disposal because the gear 
becomes permanently contaminated.TC Energy, the Canadian company 
behind the spill, will have to repay some, but not all, of the public 
money spent on handling it.This week, several government agencies expressed confidence that they will ultimately recover their expenses.In the case of the federal and state governments, laws and binding orders apply.Washington
 County emergency manager Randy Hubbard said that he isn’t aware of any 
laws that require TC Energy to reimburse a local government, but the 
company has vowed to do so.“From day one TC Energy has been very 
adamant and forthcoming about offering to cover any County related 
expenses,” he said in an email, “including but not limited to labor, 
resources or materials.”TC Energy reported an annual revenue of more than $13.3 billion and a net income of more than $2 billion in its most recent <a href="https://www.tcenergy.com/siteassets/pdfs/investors/reports-and-filings/annual-and-quarterly-reports/2021/tc-2021-annual-report.pdf" target="_blank">yearly report</a>.The
 Keystone is the company’s biggest pipeline system for oil and carries 
crude from Canada to refineries in the Midwest and the Gulf Coast. The 
system has <a href="https://kansasreflector.com/2022/12/13/keystone-pipeline-has-history-of-spills-warnings-and-fines-kansas-spill-is-largest-yet/" target="_blank">spilled numerous times</a>, but the rupture in Kansas that released an estimated 588,000 gallons of tar sands crude oil was the biggest spill to date.<h2>State and federal expenses</h2>A wide array of government agencies responds to inland oil spills.At least two Kansas agencies say they can get TC Energy to reimburse for their efforts responding to the spill.<a href="https://www.ksrevisor.org/statutes/chapters/ch65/065_001_0071v.html" target="_blank">By state law</a>,
 TC Energy must repay the Kansas Department of Health and Environment. 
If the company fails to pay, the same law instructs the attorney general
 to sue.The Kansas Department of Wildlife and Parks said it, too,
 will recuperate its costs. The agency is tracking staff time, mileage 
and equipment.The federal government, meanwhile, could rack up 
costs not just through the U.S. Environmental Protection Agency, but 
also for support from the U.S. Fish and Wildlife Service, the U.S. Army 
Corps of Engineers, the National Oceanic and Atmospheric Administration,
 the U.S. Department of Transportation and more.Some of that spending of tax dollars will get repaid.This month, TC Energy agreed to an EPA order that binds the company 
to reimburse direct and indirect costs within 30 days of being billed.That
 includes, for example, the federal government monitoring TC Energy 
workers and contractors pulling oil from the creek. And the 
reimbursement order applies retroactively to costs dating back to the 
spill more than a month ago.But other federal activities fall outside the order — such as sending pipeline safety enforcers to Washington County.USDOT’s Pipeline and Hazardous Materials Safety Administration said it doesn’t have the authority to seek reimbursement.<h2>County government expenses</h2>The
 county has already submitted documentation of its costs to the company,
 Hubbard said. (The Kansas News Service has filed a public information 
request for the records.)County emergency workers provided boots on the ground critical to a swift response.At
 about 12:30 a.m. on Dec. 8, TC Energy called in a possible leak to a 
federal hotline for oil spills. By about 1:30 a.m., Hubbard and the 
county’s road supervisor got involved. The county worked with the 
company to dam Mill Creek, where thousands of barrels of oil were 
sliding downstream.“A better part of the first day was spent 
building this dam,” Hubbard said in an email. “Additionally, our Road 
and Bridge crew spent a better part of the first 2 days putting down 
rock and prepping/grooming roads in the immediate area to better support
 the anticipated arrival of heavy equipment for the response.”Hubbard
 praised TC Energy’s efforts, saying he had witnessed its commitment to 
remediating the area, keeping workers safe and communicating with 
landowners.“TC Energy has been great to work with throughout the 
entirety of this unfortunate event,” he said. “Additionally, TC Energy 
has used, and continues to use local contractors whenever possible.”The
 company announced it would donate $7,500 to equip local emergency 
responders with better mobile and radio equipment. It also said it would
 match donations made by the public to Washington County Hospital.<h2>More about the oil spill</h2>Here are more details about the spill.1.
 State environment officials are now finding less benzene and other 
chemicals downstream from the four-mile stretch of creek that TC Energy 
isolated last week.That stretch had already been dammed to 
hold back floating oil but water continued to flow downstream beneath 
the surface. As of last week, TC Energy is temporarily diverting water 
from upstream of the spill, allowing it to bypass and seal off four 
miles of stream while the cleanup continues.This week, the state 
announced that contamination is decreasing downstream in Mill Creek and 
the river it feeds into, the Little Blue. However, it says people 
shouldn’t touch Mill Creek anywhere downstream of the spill site. They 
should keep their pets and livestock away, too.The Kansas News Service has asked the state for the results of weekly water sampling.Families
 who rely on private wells in the area or who use water from Mill Creek 
or the Little Blue for livestock and ponds can ask TC Energy to test 
their water. (Email public_affairs_us@tcenergy.com or call 
1-855-920-4697.)<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673624165345.png" alt="This map shows where TC Energy will divert Mill Creek to avoid a four-mile stretch that needs intensive cleanup. TC Energy" />
 <figcaption>This map shows where TC Energy will divert Mill Creek to avoid a four-mile stretch that needs intensive cleanup. TC Energy</figcaption>
 </figure>2. Oil-soaked animals get treated at a rehabilitation shelter.“This
 area is heated, covered, protected, and staffed by a team of wildlife 
rehabilitation professionals and biologists,” a spokesman for the EPA 
said by email. “The lead in this response has over 20 years of 
experience in wildlife rehabilitation and oiled wildlife response.”Reporters
 have not been allowed to visit the spill site or the animal 
rehabilitation shelter, or interview the Fish and Wildlife Service, 
which works on wildlife matters at the site.The total number of dead animals isn’t clear, but includes at least one beaver that succumbed despite attempts to treat it.Scores
 of fish died, even though oil spills in water bodies generally don’t 
take the same toll on fish as they do on turtles, birds and mammals that
 penetrate the oil slick to enter and leave the water. Scientists say 
the impact on fish increases when oil spills happen in <a href="https://response.restoration.noaa.gov/oil-and-chemical-spills/oil-spills/how-oil-spills-affect-fish-and-whales.html" target="_blank">shallow water</a>.3.
 Neither the state nor the federal government have released photos of 
injured, dead or rehabilitated animals that the Kansas News Service has 
asked for. Kansas says it is withholding the photos because it is 
investigating the oil spill.4. TC Oil signed a consent order this month with the EPA that requires it to clean up Mill Creek and its banks.The
 company has to recover the spilled oil from the creek and its banks, 
and remove contaminated soil and plants that could lead to more 
chemicals reaching the water.This oil recovery has to continue until the EPA and Natural Resource Trustee Agencies agree the company is finished.TC Energy also has to monitor for contamination downstream, but the order doesn’t specify what methods it should use. <a href="https://www.kcur.org/news/2022-12-15/not-just-any-oil-spill-the-keystone-pipeline-dumped-notoriously-hard-to-clean-dilbit-in-kansas" target="_blank">The Keystone spilled dilbit</a>
 in Kansas, a special product from the Canadian tar sands that doesn’t 
behave like traditional crude oil. A National Academies of Sciences 
study found little in the way of reliable options to detect dilbit once 
it begins moving below the surface in moving water.The federal 
consent order makes no mention of special requirements related to 
cleaning up dilbit, though top scientists have urged the federal 
government to change its policies and procedures to distinguish dilbit 
spills from regular crude oil spills.5. It's unclear whether the federal government considers the consent order to apply to the entire spill site.When
 the pipeline burst, it spewed crude oil into the air that splattered 
across acres of agricultural land, in addition to the oil that poured 
into the creek.The Kansas News Service asked whether the EPA’s 
consent order applies to all land affected by the spill, not just the 
creek and its banks.The EPA replied: “The current order is issued
 pursuant to the Clean Water Act. It requires the Respondent to conduct 
removal actions to abate and mitigate the imminent and substantial 
threat to Mill Creek and adjoining shorelines that is presented by the 
discharge of oil from the ruptured pipeline.”But the EPA added that it “continues to coordinate with KDHE on a comprehensive cleanup strategy.”The EPA also says KDHE may require TC Energy to perform work “that is beyond EPA’s Clean Water Act authority.”

Keystone operator must repay some, not all, tax dollars spent on oil spill

JOHNSON COUNTY —Law enforcement authorities are investigating a potential road-rage death on a Kansas highway.

Just before 6a.m. Thursday, police responded to the report of a single vehicle off the roadway on southbound Interstate 435 highway at the K-10 highway interchange, according to a media release.

First responders found a white Jeep Grand Cherokee that crashed into a light pole in the ditch. The driver and sole occupant of the Jeep, an adult male, was dead inside the vehicle.

Just after 6a.m., the Kansas Highway Patrol responded to work the crash. It was later determined that the man inside the vehicle had sustained a gunshot wound. 

The Lenexa Police Department continues conducting a death investigation to include the circumstances leading up to this incident. Police have not released the identity of the driver.

Anyone who may have information about this incident, including any possible road rage behaviors observed between a white Jeep Grand Cherokee and another vehicle on southbound I-435 highway at around 5:45 A.M. Thursday is asked to call the Lenexa Police Department at 913-825-8040 or the KC Crimestoppers TIPS Hotline at 816-474-TIPS (8477).

Southbound I-435 was shut down from 87th Street to K-10&nbsp; during the investigation.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673621539075.png" alt="Southbound I-435 was shut down from 87th Street to K-10 during the investigation-photo courtesy KCTV" />
 <figcaption>Southbound I-435 was shut down from 87th Street to K-10 during the investigation-photo courtesy KCTV</figcaption>
 </figure>JOHNSON COUNTY —Law enforcement authorities are investigating a potential road-rage death on a Kansas highway.Just before 6a.m. Thursday, police responded to the report of a single vehicle off the roadway on southbound Interstate 435 highway at the K-10 highway interchange, according to a media release.First responders found a white Jeep Grand Cherokee that crashed into a light pole in the ditch. The driver and sole occupant of the Jeep, an adult male, was dead inside the vehicle.Just after 6a.m., the Kansas Highway Patrol responded to work the crash. It was later determined that the man inside the vehicle had sustained a gunshot wound. The Lenexa Police Department continues conducting a death investigation to include the circumstances leading up to this incident. Police have not released the identity of the driver.Anyone who may have information about this incident, including any possible road rage behaviors observed between a white Jeep Grand Cherokee and another vehicle on southbound I-435 highway at around 5:45 A.M. Thursday is asked to call the Lenexa Police Department at 913-825-8040 or the KC Crimestoppers TIPS Hotline at 816-474-TIPS (8477).Southbound I-435 was shut down from 87th Street to K-10&nbsp; during the investigation.

Police: Driver who died in Kan. crash had gunshot wound

By ROSE CONLON <a href="https://www.kmuw.org/news/2023-01-12/how-kansas-lawmakers-could-try-to-restrict-abortion-this-year">Kansas News Service</a>

WICHITA, Kansas — A resounding statewide vote in Kansas to 
protect abortion rights last summer won’t stop the Republican-controlled
 Legislature from attempting to make it harder to get an abortion this 
year.

Whether anti-abortion lawmakers will be able to enact further restrictions this legislative session — in spite of a 2019 <a href="https://www.kcur.org/2019-04-26/kansas-supreme-court-rules-state-constitution-protects-right-to-abortion" target="_blank">Kansas Supreme Court decision</a>
 ruling that the state’s constitution protects the right to an abortion —
 will turn on how aggressively they press the issue and how Kansas 
courts respond.

As lawmakers returned to the Statehouse, 
Republican leaders indicated that reducing abortions remained a 
legislative priority, but stopped short of outlining many specific 
policies beyond protecting existing abortion restrictions — already some
 of the most strict in the country short of outright bans.

They 
also vowed to funnel more money into crisis pregnancy centers, 
organizations that offer resources for women with unwanted pregnancies 
but typically discourage them from getting abortions and have been 
criticized for using misleading tactics.

“There’s a host of things
 we can do,” Senate President Ty Masterson, an Andover Republican, said 
at a Tuesday news conference of GOP leaders. “Probably the biggest 
question to be answered goes to autonomy, and when does the young lady 
in utero receive her autonomy, and what are the rights of that person, 
and when does that begin? And I think there are questions to be asked.”

But
 legal experts said they expect to see bills that go further than that, 
testing the limits of what other abortion restrictions Kansas courts 
might permit.

“I suspect that the Legislature would resume what 
had appeared to be its previous practice of enacting laws that push the 
boundaries of constitutionally permissible regulation of abortions,” 
said University of Kansas law professor Richard Levy. “(They’ll want) to
 find out what those boundaries are and seek to restrict abortions as 
much as possible in light of those boundaries.”

Abortion rights advocates said they’re gearing up for a fierce fight over the issue in Topeka this year.

“We would hope that legislators listen to what voters had to say with their <a href="https://www.kcur.org/news/2022-08-02/kansas-voters-rejected-an-amendment-that-would-have-stripped-away-abortion-rights" target="_blank">overwhelming vote</a>
 on the August ballot initiative,” said Aileen Berquist, policy director
 at the ACLU of Kansas. “But we’ve heard everything from a 14-week ban” —
 Kansas bans most abortions after 22 weeks of pregnancy — “to more 
restrictions on providers to (telemedicine restrictions).”

The 
ramifications would extend far beyond Kansas. The state remains one of 
the last in its region to allow abortions in the aftermath of the U.S. 
Supreme Court overturning Roe v. Wade, and has become an unlikely refuge
 for a <a href="https://www.kmuw.org/news/2022-11-04/fall-roe-kansas-abortion-clinics-overseas-pills" target="_blank">swell of people traveling</a> from out of state seeking abortions.

That’s
 primarily driven by nearby states like Missouri, Oklahoma and Texas and
 their near-total abortion bans. Kansas laws remain some of the <a href="https://www.guttmacher.org/fact-sheet/state-facts-about-abortion-kansas" target="_blank">more restrictive</a>
 among states that still allow abortion, including parental consent 
rules for minors and things like ultrasound requirements that 
effectively force women to visit a clinic in person to obtain abortion 
pills. That trip might take <a href="https://www.hppr.org/hppr-news/2022-07-29/western-kansas-offers-a-glimpse-of-what-an-abortion-ban-might-look-like-for-kansas-city-and-wichita" target="_blank">several hours</a> for those who live in rural Kansas.

Kansans
 for Life, a prominent anti-abortion lobbying group, has not yet 
publicly released its legislative agenda for this year. But spokesperson
 Danielle Underwood said increasing funding for crisis pregnancy centers
 is a key priority.

“We’re pleased to see Kansas House and Senate 
Republicans boldly stating they’ll continue to support moms and babies 
by standing with pregnancy resource centers,” Underwood said in an 
email.

Jeanne Gawdun, a senior lobbyist with the group, said she’s
 still talking with lawmakers about what other legislation Kansans for 
Life might push during the 2023 legislative session.

“We are not 
going to abandon women and their babies,” she said. “In the past, we’ve 
supported various things like abortion pill reversal” — referencing a 
bill that <a href="https://apnews.com/article/b0e2f77f057848ca917ce5490c209c11" target="_blank">nearly became law in 2019</a>
 that would have required providers to tell patients about a 
controversial and scientifically disputed treatment purported to reverse
 the effects of abortion pills.

Political analysts said the 
Republican caucus might be less united around anti-abortion legislation 
than in the past given voters’ decisive rejection of the anti-abortion 
constitutional amendment last year.

Neal Allen, a political 
science professor at Wichita State University, said it’s plausible that 
Republican leadership would focus less on restricting abortion this year
 for that reason — but that won’t prevent individual lawmakers from 
introducing legislation on the issue.

“The Kansas legislature has 
made restricting abortion and making it harder to access abortion 
services a priority for the last 20 years,” he said. “I don’t think 
that's going to completely change in this next session.”

In
 the months since Roe fell, restrictions around abortion pills have 
emerged as a leading battleground in the fight over abortion access in 
Kansas and nationally.

Around <a href="https://www.kdhe.ks.gov/DocumentCenter/View/25772/2021-Annual-Summary-Full-Report-?bidId=" target="_blank">two-thirds</a>
 of abortions in Kansas and over half of abortions nationally are done 
by medication. A two-drug regimen of mifepristone, a tightly controlled 
drug commonly referred to as the abortion pill, followed by misoprostol 
is approved by the Food and Drug Administration to end pregnancies of up
 to 10 weeks.

A bill introduced on the first day of the 
legislative session by Kansas Senator Mark Steffen, a Hutchinson 
Republican, would ban providers from prescribing those medications over 
telemedicine.

That comes less than two months after a Shawnee County judge <a href="https://www.kmuw.org/news/2022-11-28/kansas-judge-blocks-law-banned-prescribing-abortion-pills-telemedicine" target="_blank">temporarily blocked</a> an existing ban on telemedicine abortion care, prompting a Wichita Planned Parenthood clinic to begin <a href="https://www.kmuw.org/news/2022-12-20/kansas-planned-parenthood-telehealth-abortion-pill-court-ruling" target="_blank">telehealth conferences</a> with offsite providers in order to increase appointment availability.

Telemedicine
 access to abortion pills in the traditional sense, where a patient 
could get a prescription without physically visiting a clinic, is still 
largely out of reach for Kansans because of a state law requiring women 
undergo an ultrasound before obtaining an abortion.

Myfanwy 
Jensen-Fellows, advocacy director for the Wichita clinic Trust Women, 
said she wasn’t surprised to see the latest telemedicine ban introduced.

“What
 we’re seeing is a reaction from the state Legislature against the 
headway that was made through the injunction of the telemedicine ban,” 
she said.

But if the bill were to become law, it would be unlikely
 to survive a challenge in court, said Stephen McAllister, a KU law 
professor and former U.S. attorney for Kansas under President Trump.

“I don’t see, in light of (the recent telemedicine ruling), how it would be able to take effect,” he said.

More
 restrictive anti-abortion legislation is on the table this session, 
such as a ban after 15 weeks or a “born-alive” bill that echoes 
legislation <a href="https://thehill.com/policy/healthcare/3809355-house-passes-bill-requiring-medical-care-for-infants-born-after-attempted-abortions/" target="_blank">passed by the U.S. House</a> this week.

That
 would require doctors to give medical care to infants born prematurely 
after an abortion attempt. Critics say such legislation is politically 
motivated and medically unfounded.

“We don’t encounter situations 
such as these in abortion clinics,” said Iman Alsaden, chief medical 
officer of Planned Parenthood Great Plains.

Legal experts said that if similar proposals became law in Kansas, they would be unlikely to survive court challenges.

“It’s not impossible,” Levy said, “but that would seem to me to be a long shot.”

McAllister said they would likely be struck down in court before taking effect.

“Those
 lawsuits would probably go from a district judge straight to the 
(Kansas) Supreme Court,” he said. “I think there’d be a pretty rapid 
determination made.”

Any
 anti-abortion legislation to come out of the Statehouse would likely be
 vetoed by Democratic Gov. Laura Kelly. That would require a two-thirds 
majority vote in both the House and Senate to override.

Republicans
 maintained a veto-proof supermajority in both chambers, but that 
doesn’t mean that the caucus would be united on a potential bill — 
particularly so soon after voters so overwhelmingly chose to protect 
abortion rights.

Allen, the political science professor, said 
Republicans from politically moderate districts might be more cautious 
to support more abortion restrictions this year.

“Their incentives
 are different,” he said. “Those folks are going to have to think really
 hard about whether they want to continue supporting abortion 
restrictions.”

And where Republicans may have been able to 
persuade a few Democrats to vote for abortion restrictions in the past, 
that may be less likely in light of last year’s referendum.

“There
 are certainly Democratic members of the Kansas Legislature who are 
personally opposed to abortion, but I don’t know of any of them who are 
opposed to a woman’s right to make her own decisions concerning 
reproductive health,” said Rep. John Carmichael, a Wichita Democrat. 
“What that means is you will see no support from Democratic legislators 
in either house for further restrictions on abortion services.”

Abortion
 opponents could make headway this year in changing the judiciary, which
 has emerged as perhaps the leading impediment to enacting stiffer 
abortion restrictions in Kansas.

All seven Kansas Supreme Court 
justices survived retention votes in November, despite opposition by 
Kansans for Life to all but one.

But lawmakers are set to consider
 legislation that would give the governor more power over selecting 
Supreme Court justices — something that could help abortion opponents 
after Kelly leaves office.

Attorney General Kris Kobach, a staunch
 abortion opponent who ran on a promise to make Kansas “the most 
pro-life state in America,” has proposed changes to the judicial 
selection process like direct election and Senate confirmation that 
would make it easier to place anti-abortion judges on the state’s 
highest court.

“The goal is to get off the bench those folks who would vote to continue to uphold abortion rights,” McAllister said.

Targeting
 the judiciary could allow lawmakers to steer the conversation away from
 explicit discussions of abortion rights and into territory they might 
consider more politically advantageous, like education or criminal 
justice — while still influencing abortion policy.

“Leadership in 
the House and Senate would likely be happy if, instead of talking about 
the specifics of abortion restriction,” Allen said, “we’re talking about
 restricting the power of judges.”

Mary Ziegler, a University of 
California-Davis law professor and historian of the anti-abortion 
movement, said the efforts in Kansas reflect sparring taking place 
across the country around the power and makeup of judiciaries.

“The
 more that state supreme courts are the places we go to hash out 
constitutional disagreements about abortion,” she said, “the more we’re 
going to see a supercharging of debates around state supreme courts.”

Rose
 Conlon reports on health for KMUW and the Kansas News Service. You can 
follow her on Twitter at @rosebconlon or email her at&nbsp;conlon@kmuw.org.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673545052470.png" alt=" Rose Conlon / Kansas News Service" />
 <figcaption> Rose Conlon / Kansas News Service</figcaption>
 </figure>By ROSE CONLON <a href="https://www.kmuw.org/news/2023-01-12/how-kansas-lawmakers-could-try-to-restrict-abortion-this-year">Kansas News Service</a>WICHITA, Kansas — A resounding statewide vote in Kansas to 
protect abortion rights last summer won’t stop the Republican-controlled
 Legislature from attempting to make it harder to get an abortion this 
year.Whether anti-abortion lawmakers will be able to enact further restrictions this legislative session — in spite of a 2019 <a href="https://www.kcur.org/2019-04-26/kansas-supreme-court-rules-state-constitution-protects-right-to-abortion" target="_blank">Kansas Supreme Court decision</a>
 ruling that the state’s constitution protects the right to an abortion —
 will turn on how aggressively they press the issue and how Kansas 
courts respond.As lawmakers returned to the Statehouse, 
Republican leaders indicated that reducing abortions remained a 
legislative priority, but stopped short of outlining many specific 
policies beyond protecting existing abortion restrictions — already some
 of the most strict in the country short of outright bans.They 
also vowed to funnel more money into crisis pregnancy centers, 
organizations that offer resources for women with unwanted pregnancies 
but typically discourage them from getting abortions and have been 
criticized for using misleading tactics.“There’s a host of things
 we can do,” Senate President Ty Masterson, an Andover Republican, said 
at a Tuesday news conference of GOP leaders. “Probably the biggest 
question to be answered goes to autonomy, and when does the young lady 
in utero receive her autonomy, and what are the rights of that person, 
and when does that begin? And I think there are questions to be asked.”But
 legal experts said they expect to see bills that go further than that, 
testing the limits of what other abortion restrictions Kansas courts 
might permit.“I suspect that the Legislature would resume what 
had appeared to be its previous practice of enacting laws that push the 
boundaries of constitutionally permissible regulation of abortions,” 
said University of Kansas law professor Richard Levy. “(They’ll want) to
 find out what those boundaries are and seek to restrict abortions as 
much as possible in light of those boundaries.”Abortion rights advocates said they’re gearing up for a fierce fight over the issue in Topeka this year.“We would hope that legislators listen to what voters had to say with their <a href="https://www.kcur.org/news/2022-08-02/kansas-voters-rejected-an-amendment-that-would-have-stripped-away-abortion-rights" target="_blank">overwhelming vote</a>
 on the August ballot initiative,” said Aileen Berquist, policy director
 at the ACLU of Kansas. “But we’ve heard everything from a 14-week ban” —
 Kansas bans most abortions after 22 weeks of pregnancy — “to more 
restrictions on providers to (telemedicine restrictions).”The 
ramifications would extend far beyond Kansas. The state remains one of 
the last in its region to allow abortions in the aftermath of the U.S. 
Supreme Court overturning Roe v. Wade, and has become an unlikely refuge
 for a <a href="https://www.kmuw.org/news/2022-11-04/fall-roe-kansas-abortion-clinics-overseas-pills" target="_blank">swell of people traveling</a> from out of state seeking abortions.That’s
 primarily driven by nearby states like Missouri, Oklahoma and Texas and
 their near-total abortion bans. Kansas laws remain some of the <a href="https://www.guttmacher.org/fact-sheet/state-facts-about-abortion-kansas" target="_blank">more restrictive</a>
 among states that still allow abortion, including parental consent 
rules for minors and things like ultrasound requirements that 
effectively force women to visit a clinic in person to obtain abortion 
pills. That trip might take <a href="https://www.hppr.org/hppr-news/2022-07-29/western-kansas-offers-a-glimpse-of-what-an-abortion-ban-might-look-like-for-kansas-city-and-wichita" target="_blank">several hours</a> for those who live in rural Kansas.Kansans
 for Life, a prominent anti-abortion lobbying group, has not yet 
publicly released its legislative agenda for this year. But spokesperson
 Danielle Underwood said increasing funding for crisis pregnancy centers
 is a key priority.“We’re pleased to see Kansas House and Senate 
Republicans boldly stating they’ll continue to support moms and babies 
by standing with pregnancy resource centers,” Underwood said in an 
email.Jeanne Gawdun, a senior lobbyist with the group, said she’s
 still talking with lawmakers about what other legislation Kansans for 
Life might push during the 2023 legislative session.“We are not 
going to abandon women and their babies,” she said. “In the past, we’ve 
supported various things like abortion pill reversal” — referencing a 
bill that <a href="https://apnews.com/article/b0e2f77f057848ca917ce5490c209c11" target="_blank">nearly became law in 2019</a>
 that would have required providers to tell patients about a 
controversial and scientifically disputed treatment purported to reverse
 the effects of abortion pills.Political analysts said the 
Republican caucus might be less united around anti-abortion legislation 
than in the past given voters’ decisive rejection of the anti-abortion 
constitutional amendment last year.Neal Allen, a political 
science professor at Wichita State University, said it’s plausible that 
Republican leadership would focus less on restricting abortion this year
 for that reason — but that won’t prevent individual lawmakers from 
introducing legislation on the issue.“The Kansas legislature has 
made restricting abortion and making it harder to access abortion 
services a priority for the last 20 years,” he said. “I don’t think 
that's going to completely change in this next session.”<h2>Abortion pills and telemedicine</h2>In
 the months since Roe fell, restrictions around abortion pills have 
emerged as a leading battleground in the fight over abortion access in 
Kansas and nationally.Around <a href="https://www.kdhe.ks.gov/DocumentCenter/View/25772/2021-Annual-Summary-Full-Report-?bidId=" target="_blank">two-thirds</a>
 of abortions in Kansas and over half of abortions nationally are done 
by medication. A two-drug regimen of mifepristone, a tightly controlled 
drug commonly referred to as the abortion pill, followed by misoprostol 
is approved by the Food and Drug Administration to end pregnancies of up
 to 10 weeks.A bill introduced on the first day of the 
legislative session by Kansas Senator Mark Steffen, a Hutchinson 
Republican, would ban providers from prescribing those medications over 
telemedicine.That comes less than two months after a Shawnee County judge <a href="https://www.kmuw.org/news/2022-11-28/kansas-judge-blocks-law-banned-prescribing-abortion-pills-telemedicine" target="_blank">temporarily blocked</a> an existing ban on telemedicine abortion care, prompting a Wichita Planned Parenthood clinic to begin <a href="https://www.kmuw.org/news/2022-12-20/kansas-planned-parenthood-telehealth-abortion-pill-court-ruling" target="_blank">telehealth conferences</a> with offsite providers in order to increase appointment availability.Telemedicine
 access to abortion pills in the traditional sense, where a patient 
could get a prescription without physically visiting a clinic, is still 
largely out of reach for Kansans because of a state law requiring women 
undergo an ultrasound before obtaining an abortion.Myfanwy 
Jensen-Fellows, advocacy director for the Wichita clinic Trust Women, 
said she wasn’t surprised to see the latest telemedicine ban introduced.“What
 we’re seeing is a reaction from the state Legislature against the 
headway that was made through the injunction of the telemedicine ban,” 
she said.But if the bill were to become law, it would be unlikely
 to survive a challenge in court, said Stephen McAllister, a KU law 
professor and former U.S. attorney for Kansas under President Trump.“I don’t see, in light of (the recent telemedicine ruling), how it would be able to take effect,” he said.<h2>A 15-week ban; a ‘born-alive’ law</h2>More
 restrictive anti-abortion legislation is on the table this session, 
such as a ban after 15 weeks or a “born-alive” bill that echoes 
legislation <a href="https://thehill.com/policy/healthcare/3809355-house-passes-bill-requiring-medical-care-for-infants-born-after-attempted-abortions/" target="_blank">passed by the U.S. House</a> this week.That
 would require doctors to give medical care to infants born prematurely 
after an abortion attempt. Critics say such legislation is politically 
motivated and medically unfounded.“We don’t encounter situations 
such as these in abortion clinics,” said Iman Alsaden, chief medical 
officer of Planned Parenthood Great Plains.Legal experts said that if similar proposals became law in Kansas, they would be unlikely to survive court challenges.“It’s not impossible,” Levy said, “but that would seem to me to be a long shot.”McAllister said they would likely be struck down in court before taking effect.“Those
 lawsuits would probably go from a district judge straight to the 
(Kansas) Supreme Court,” he said. “I think there’d be a pretty rapid 
determination made.”<h2>Overriding the governor</h2>Any
 anti-abortion legislation to come out of the Statehouse would likely be
 vetoed by Democratic Gov. Laura Kelly. That would require a two-thirds 
majority vote in both the House and Senate to override.Republicans
 maintained a veto-proof supermajority in both chambers, but that 
doesn’t mean that the caucus would be united on a potential bill — 
particularly so soon after voters so overwhelmingly chose to protect 
abortion rights.Allen, the political science professor, said 
Republicans from politically moderate districts might be more cautious 
to support more abortion restrictions this year.“Their incentives
 are different,” he said. “Those folks are going to have to think really
 hard about whether they want to continue supporting abortion 
restrictions.”And where Republicans may have been able to 
persuade a few Democrats to vote for abortion restrictions in the past, 
that may be less likely in light of last year’s referendum.“There
 are certainly Democratic members of the Kansas Legislature who are 
personally opposed to abortion, but I don’t know of any of them who are 
opposed to a woman’s right to make her own decisions concerning 
reproductive health,” said Rep. John Carmichael, a Wichita Democrat. 
“What that means is you will see no support from Democratic legislators 
in either house for further restrictions on abortion services.”<h2>The courts</h2>Abortion
 opponents could make headway this year in changing the judiciary, which
 has emerged as perhaps the leading impediment to enacting stiffer 
abortion restrictions in Kansas.All seven Kansas Supreme Court 
justices survived retention votes in November, despite opposition by 
Kansans for Life to all but one.But lawmakers are set to consider
 legislation that would give the governor more power over selecting 
Supreme Court justices — something that could help abortion opponents 
after Kelly leaves office.Attorney General Kris Kobach, a staunch
 abortion opponent who ran on a promise to make Kansas “the most 
pro-life state in America,” has proposed changes to the judicial 
selection process like direct election and Senate confirmation that 
would make it easier to place anti-abortion judges on the state’s 
highest court.“The goal is to get off the bench those folks who would vote to continue to uphold abortion rights,” McAllister said.Targeting
 the judiciary could allow lawmakers to steer the conversation away from
 explicit discussions of abortion rights and into territory they might 
consider more politically advantageous, like education or criminal 
justice — while still influencing abortion policy.“Leadership in 
the House and Senate would likely be happy if, instead of talking about 
the specifics of abortion restriction,” Allen said, “we’re talking about
 restricting the power of judges.”Mary Ziegler, a University of 
California-Davis law professor and historian of the anti-abortion 
movement, said the efforts in Kansas reflect sparring taking place 
across the country around the power and makeup of judiciaries.“The
 more that state supreme courts are the places we go to hash out 
constitutional disagreements about abortion,” she said, “the more we’re 
going to see a supercharging of debates around state supreme courts.”Rose
 Conlon reports on health for KMUW and the Kansas News Service. You can 
follow her on Twitter at @rosebconlon or email her at&nbsp;conlon@kmuw.org.

How Kansas lawmakers could try to restrict abortion this year

CYRIL, Oklahoma (AP) — Oklahoma authorities searching for a missing 4-year-old girl say they have arrested a caretaker of the child for investigation of child neglect.

Alysia Adams, 31, was arrested at the Grady County Sheriff’s Office and booked into jail in Caddo County on two counts of child neglect, the Oklahoma State Bureau of Investigation&nbsp;<a href="https://nixle.us/E7FY5" target="_blank">said in a statement late Thursday</a>.

The bureau said the arrest is related to&nbsp;<a href="https://apnews.com/article/oklahoma-city-1b331093878a39b70fccfdc6ba2e47dc">the ongoing search for Athena Brownfield</a>, who was first reported missing on Tuesday from her home in Cyril, about 70 miles southwest of Oklahoma City.

A postal carrier found Athena’s 5-year-old sister wandering alone outside Adams’ home on Monday afternoon and alerted Cyril police. Authorities later determined Athena was missing. The girls were in the care of Adams and her husband, and Athena’s sister was taken into protective custody, the bureau said Wednesday.

The bureau released no additional information about Adams’ arrest, and it was not immediately known if she had an attorney who could comment for her.

Authorities said they believe Athena was wearing a hoodie with a butterfly design when she went missing.

The bureau said it was working with other law enforcement agencies and volunteers in the search, which included using a helicopter and a specially trained ground team as well as reviewing surveillace video from around Cyril. It said agents were following up on tips coming from Oklahoma and other states.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673617381405.png" alt="Adams-photo Caddo County" />
 <figcaption>Adams-photo Caddo County</figcaption>
 </figure>CYRIL, Oklahoma (AP) — Oklahoma authorities searching for a missing 4-year-old girl say they have arrested a caretaker of the child for investigation of child neglect.Alysia Adams, 31, was arrested at the Grady County Sheriff’s Office and booked into jail in Caddo County on two counts of child neglect, the Oklahoma State Bureau of Investigation&nbsp;<a href="https://nixle.us/E7FY5" target="_blank">said in a statement late Thursday</a>.The bureau said the arrest is related to&nbsp;<a href="https://apnews.com/article/oklahoma-city-1b331093878a39b70fccfdc6ba2e47dc">the ongoing search for Athena Brownfield</a>, who was first reported missing on Tuesday from her home in Cyril, about 70 miles southwest of Oklahoma City.A postal carrier found Athena’s 5-year-old sister wandering alone outside Adams’ home on Monday afternoon and alerted Cyril police. Authorities later determined Athena was missing. The girls were in the care of Adams and her husband, and Athena’s sister was taken into protective custody, the bureau said Wednesday.The bureau released no additional information about Adams’ arrest, and it was not immediately known if she had an attorney who could comment for her.Authorities said they believe Athena was wearing a hoodie with a butterfly design when she went missing.The bureau said it was working with other law enforcement agencies and volunteers in the search, which included using a helicopter and a specially trained ground team as well as reviewing surveillace video from around Cyril. It said agents were following up on tips coming from Oklahoma and other states.

Caretaker arrested, search for missing Okla. toddler continues

OSAGE COUNTY —Law enforcement authorities are investigating a burglary that occurred at the Santa Fe Trail High School, 15701 S. California Road in Carbondale during the early Thursday morning, according to Sheriff Chris Wells.&nbsp;

USD 434 dismissed high school students early Thursday to allow deputies to investigate. The high school will resume classes on Friday.

The Osage County Sheriff’s Office ask that anyone with information please contact the Osage County Sheriff’s Office Criminal Investigations Unit at 785-828-3121, email tips@oscosheriff.org, or to remain anonymous contact Osage County Crime Stoppers at (877) OSCRIME.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673573355483.png" alt="Security camera image Osage Co. Sheriff" />
 <figcaption>Security camera image Osage Co. Sheriff</figcaption>
 </figure>OSAGE COUNTY —Law enforcement authorities are investigating a burglary that occurred at the Santa Fe Trail High School, 15701 S. California Road in Carbondale during the early Thursday morning, according to Sheriff Chris Wells.&nbsp;USD 434 dismissed high school students early Thursday to allow deputies to investigate. The high school will resume classes on Friday.The Osage County Sheriff’s Office ask that anyone with information please contact the Osage County Sheriff’s Office Criminal Investigations Unit at 785-828-3121, email tips@oscosheriff.org, or to remain anonymous contact Osage County Crime Stoppers at (877) OSCRIME.

Kan. school district dismissed students early following burglary

BUTLER COUNTY—Two people died in an accident just after 7:30p.m. Thursday in Butler County.

The Kansas Highway Patrol reported a 2009 Toyota Prius driven by Bradley&nbsp;Condit, 35, Andover, was southbound on Southwest Butler Road one mile west of Benton. The driver failed to yield right of way the intersection of Kansas 254.

A westbound 2001 Ford F150 driven b Scott H. Henning, 43, Benton, struck the Prius on the driver's side. Both vehicles left the roadway and entered the center median.

EMS transported Condit to Kansas Medical Center in Andover where he died. EMS transported Henning and a passenger in the Prius identified as Ronald D. Condit, 61, Wichita, to Wesley Medical Center where Condit died. None of those involved were wearing seat belts, according to the KHP.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673579752155.png" alt="First responders on the scene of the fatal crash-photo courtesy KWCH" />
 <figcaption>First responders on the scene of the fatal crash-photo courtesy KWCH</figcaption>
 </figure>BUTLER COUNTY—Two people died in an accident just after 7:30p.m. Thursday in Butler County.The Kansas Highway Patrol reported a 2009 Toyota Prius driven by Bradley&nbsp;Condit, 35, Andover, was southbound on Southwest Butler Road one mile west of Benton. The driver failed to yield right of way the intersection of Kansas 254.A westbound 2001 Ford F150 driven b Scott H. Henning, 43, Benton, struck the Prius on the driver's side. Both vehicles left the roadway and entered the center median.EMS transported Condit to Kansas Medical Center in Andover where he died. EMS transported Henning and a passenger in the Prius identified as Ronald D. Condit, 61, Wichita, to Wesley Medical Center where Condit died. None of those involved were wearing seat belts, according to the KHP.

2 Kansas men dead, 1 seriously injured after 2-vehicle crash 

CASS COUNTY —The search for one of two inmates who escaped Dec. 12 from&nbsp;the jail in Cass County, Missouri south of Kansas City continues.

Authorities took 33-year-0ld Trevor Sparks of Kansas City into custody Dec. 30, in the 400 Block of Olive Street, according to the FBI.

The U.S. Marshals Service continues to offer a reward of up to $5,000 for information that leads directly to the capture of 43-year-old Sergio Perez- Martinez of Panorama City, Calif.&nbsp; The FBI is also offering $10k for anyone who can provide information leading to his capture.&nbsp;

Perez Mertinez&nbsp; was being held for possession of dangerous drugs. Sparks was jailed on money laundering charges, according to the Cass County sheriff's office.

A third individual, Steven Lydell Williams, Sr., 64, Kansas City, has been charged&nbsp; with aiding or assisting in the escape.

Anyone with any information is urged to contact the Cass County Sheriff’s Office at (816) 380-5200, or call 911.&nbsp; Submit a tip to the Marshals<a href="https://www.usmarshals.gov/tips/index.htm?fbclid=IwAR2np8V0SoqQyr6Znkz_ykiw2FsK7SY3PkQN_uuUCJz41bCD_XDGusIXZJw"> here</a>&nbsp; or contact the FBI at 1-800-CALL-FBI or online at <a href="https://t.co/49eEgggFOb" target="_blank">http://tips.fbi.gov</a>.&nbsp;&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1670539649262.png" alt="" />
 <figcaption></figcaption>
 </figure>CASS COUNTY —The search for one of two inmates who escaped Dec. 12 from&nbsp;the jail in Cass County, Missouri south of Kansas City continues.Authorities took 33-year-0ld Trevor Sparks of Kansas City into custody Dec. 30, in the 400 Block of Olive Street, according to the FBI.The U.S. Marshals Service continues to offer a reward of up to $5,000 for information that leads directly to the capture of 43-year-old Sergio Perez- Martinez of Panorama City, Calif.&nbsp; The FBI is also offering $10k for anyone who can provide information leading to his capture.&nbsp;Perez Mertinez&nbsp; was being held for possession of dangerous drugs. Sparks was jailed on money laundering charges, according to the Cass County sheriff's office.A third individual, Steven Lydell Williams, Sr., 64, Kansas City, has been charged&nbsp; with aiding or assisting in the escape. Anyone with any information is urged to contact the Cass County Sheriff’s Office at (816) 380-5200, or call 911.&nbsp; Submit a tip to the Marshals<a href="https://www.usmarshals.gov/tips/index.htm?fbclid=IwAR2np8V0SoqQyr6Znkz_ykiw2FsK7SY3PkQN_uuUCJz41bCD_XDGusIXZJw"> here</a>&nbsp; or contact the FBI at 1-800-CALL-FBI or online at <a href="https://t.co/49eEgggFOb" target="_blank">http://tips.fbi.gov</a>.&nbsp;&nbsp;

Search continues for inmate who escaped jail near Kansas City

KANSAS CITY (AP) —U.S. air travel returned mostly to normal Thursday, a day after a computer system that sends safety information to pilots broke down and grounded traffic from coast to coast.

By midafternoon on the East Coast, about 150 flights had been canceled and more than 3,700 delayed — much lower figures than on Wednesday, when more than 1,300 flights were scrubbed and 11,000 delayed.

Attention turned to the federal agency where the technology failure apparently started hours before it inconvenienced more than 1 million travelers.

The Federal Aviation Administration said a damaged database file appeared to have caused the outage in the safety-alert system. Transportation Secretary Pete Buttigieg promised a thorough examination to avoid another major failure.

“Our immediate focus is technical — understanding exactly how this happened, why the redundancies and the backups that were build into the system were not able to prevent the level of disruption that we saw,” Buttigieg told reporters.

Buttigieg said there was no indication that the outage was caused by a cyberattack but that officials would not rule that out until they know more.

The FAA said late Thursday that a preliminary analysis showed the breakdown came after “a data file was damaged by personnel who failed to follow procedures.”

The massive disruption was the latest black eye for the agency, which has traded blame with airlines over who has inconvenienced passengers more. Critics, including airline and tourism leaders, say agency technology is underfunded.

“Investment is going to be required, no doubt,” American Airlines CEO Robert Isom told CNBC. “It’s going to be billions of dollars, and it’s not something that is done overnight.”

United Airlines CEO Scott Kirby has been critical of the FAA on a variety of issues, including staffing of air traffic controllers. He says the agency makes “a heroic effort” and does well most of the time but can be overwhelmed during busy travel times.

“They need more investment for technology,” Kirby said at a U.S. Chamber of Commerce event in September. “They have been saying it."

Rep. Rick Larsen of Washington state, the top Democrat on a House aviation subcommittee, said the outage shows the weakness of the FAA's technology and that the agency needs to make significant improvements.

“It's one thing to get things up and going on the old software,” Larsen said in an interview. “It's another thing to invest in the new software platforms that are necessary to ensure this doesn't happen again.”

Mike McCormick, a former FAA manager of airspace security who retired in 2017 after about 35 years at the agency, was more confident in FAA technology. He said the agency modernized computer systems over the past 15 years and is 95% up to date, having upgraded to next-generation satellite-based systems for navigation, flight tracking and communication.

“Software, hardware, the final upgrades, were completed in the last three years, so now they’re actually working on the next generation beyond that and the enhancements to the systems,” said McCormick, who now teaches air-traffic management at Embry-Riddle Aeronautical University.

The system that generates&nbsp;<a href="https://apnews.com/article/science-federal-aviation-administration-business-9e277db75130cc7e4d4b6c6a7bdaad7c">NOTAMs — or Notice to Air Missions</a>&nbsp;— also was upgraded, but the outage happened as an engineer was working on the main system and the database somehow became corrupted, McCormick said, citing conversations with people at the FAA.

When they switched to the backup system, its database also was corrupted, McCormick said. The system then had to be rebooted.

“Things can still go wrong,” McCormick said. “You can still have human error, you can still have procedural errors, you can still have technological errors.”

Michael Huerta, FAA administrator from 2013 to 2018, said the systems need to be updated constantly to keep up with technology. Nothing in the FAA system is so old that it's in danger of failing, he said, especially the system that tracks and communicates with planes.

“The public should definitely be confident that the air traffic control system is safe,” he said.

But the NOTAM system is about a decade old when systems reach the point where vendors don't support it or the platform that it runs on has been upgraded.

“It's not a one-and-done type of event,” he said. “It's not very many years that go by before you have to upgrade it.”

The outage came at a bad time for both the FAA and Buttigieg.

The FAA is trying to repair its reputation after being widely criticized for the way it approved the Boeing 737 Max without fully understanding a flight-control system that malfunctioned and played a key role in two crashes that killed 346 people. The agency took a more hands-on approach when considering — and eventually improving — changes that Boeing made to get the plane back in the air.

The meltdown at an agency overseen by the Transportation Department could also undercut Buttigieg’s moral authority to chastise airlines when they cancel or delay flights. He has gone after the airlines since last summer, most recently over disruptions at Southwest Airlines.

Wednesday's breakdown showed how much American air travel depends on the computer system that generates NOTAMs.

Before a plane takes off, pilots and airline dispatchers must review the notices, which include details about weather, runway closures or other temporary factors that could affect the flight. The system was once telephone-based but moved online years ago.

Buttigieg said when the system broke down Tuesday night, a backup system went into effect. The FAA tried a complete reboot of the main system Wednesday morning, but that failed, leading the FAA to take the rare step of preventing planes from taking off.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/3/1647058235139.png" alt="The Federal Aviation Administration said a damaged database file appeared to have caused the outage in the safety-alert system." />
 <figcaption>The Federal Aviation Administration said a damaged database file appeared to have caused the outage in the safety-alert system.</figcaption>
 </figure>KANSAS CITY (AP) —U.S. air travel returned mostly to normal Thursday, a day after a computer system that sends safety information to pilots broke down and grounded traffic from coast to coast.By midafternoon on the East Coast, about 150 flights had been canceled and more than 3,700 delayed — much lower figures than on Wednesday, when more than 1,300 flights were scrubbed and 11,000 delayed.Attention turned to the federal agency where the technology failure apparently started hours before it inconvenienced more than 1 million travelers.The Federal Aviation Administration said a damaged database file appeared to have caused the outage in the safety-alert system. Transportation Secretary Pete Buttigieg promised a thorough examination to avoid another major failure.“Our immediate focus is technical — understanding exactly how this happened, why the redundancies and the backups that were build into the system were not able to prevent the level of disruption that we saw,” Buttigieg told reporters.Buttigieg said there was no indication that the outage was caused by a cyberattack but that officials would not rule that out until they know more.The FAA said late Thursday that a preliminary analysis showed the breakdown came after “a data file was damaged by personnel who failed to follow procedures.”The massive disruption was the latest black eye for the agency, which has traded blame with airlines over who has inconvenienced passengers more. Critics, including airline and tourism leaders, say agency technology is underfunded.“Investment is going to be required, no doubt,” American Airlines CEO Robert Isom told CNBC. “It’s going to be billions of dollars, and it’s not something that is done overnight.”United Airlines CEO Scott Kirby has been critical of the FAA on a variety of issues, including staffing of air traffic controllers. He says the agency makes “a heroic effort” and does well most of the time but can be overwhelmed during busy travel times.“They need more investment for technology,” Kirby said at a U.S. Chamber of Commerce event in September. “They have been saying it."Rep. Rick Larsen of Washington state, the top Democrat on a House aviation subcommittee, said the outage shows the weakness of the FAA's technology and that the agency needs to make significant improvements.“It's one thing to get things up and going on the old software,” Larsen said in an interview. “It's another thing to invest in the new software platforms that are necessary to ensure this doesn't happen again.”Mike McCormick, a former FAA manager of airspace security who retired in 2017 after about 35 years at the agency, was more confident in FAA technology. He said the agency modernized computer systems over the past 15 years and is 95% up to date, having upgraded to next-generation satellite-based systems for navigation, flight tracking and communication.“Software, hardware, the final upgrades, were completed in the last three years, so now they’re actually working on the next generation beyond that and the enhancements to the systems,” said McCormick, who now teaches air-traffic management at Embry-Riddle Aeronautical University.The system that generates&nbsp;<a href="https://apnews.com/article/science-federal-aviation-administration-business-9e277db75130cc7e4d4b6c6a7bdaad7c">NOTAMs — or Notice to Air Missions</a>&nbsp;— also was upgraded, but the outage happened as an engineer was working on the main system and the database somehow became corrupted, McCormick said, citing conversations with people at the FAA.When they switched to the backup system, its database also was corrupted, McCormick said. The system then had to be rebooted.“Things can still go wrong,” McCormick said. “You can still have human error, you can still have procedural errors, you can still have technological errors.”Michael Huerta, FAA administrator from 2013 to 2018, said the systems need to be updated constantly to keep up with technology. Nothing in the FAA system is so old that it's in danger of failing, he said, especially the system that tracks and communicates with planes.“The public should definitely be confident that the air traffic control system is safe,” he said.But the NOTAM system is about a decade old when systems reach the point where vendors don't support it or the platform that it runs on has been upgraded.“It's not a one-and-done type of event,” he said. “It's not very many years that go by before you have to upgrade it.”The outage came at a bad time for both the FAA and Buttigieg.The FAA is trying to repair its reputation after being widely criticized for the way it approved the Boeing 737 Max without fully understanding a flight-control system that malfunctioned and played a key role in two crashes that killed 346 people. The agency took a more hands-on approach when considering — and eventually improving — changes that Boeing made to get the plane back in the air.The meltdown at an agency overseen by the Transportation Department could also undercut Buttigieg’s moral authority to chastise airlines when they cancel or delay flights. He has gone after the airlines since last summer, most recently over disruptions at Southwest Airlines.Wednesday's breakdown showed how much American air travel depends on the computer system that generates NOTAMs.Before a plane takes off, pilots and airline dispatchers must review the notices, which include details about weather, runway closures or other temporary factors that could affect the flight. The system was once telephone-based but moved online years ago.Buttigieg said when the system broke down Tuesday night, a backup system went into effect. The FAA tried a complete reboot of the main system Wednesday morning, but that failed, leading the FAA to take the rare step of preventing planes from taking off.-------