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Headlines for Wednesday, November 1, 2023

A colorful graphic depicting stylized radios with the words "Kansas Public Radio News Summary" written on top.
Emily DeMarchi
/
KPR

Fort Scott Emergency Department Closing in December

TOPEKA, Kan. (KPR) - The emergency department in Fort Scott is closing. Ascension Via Christi says it's closing the emergency department in the southeast Kansas community on December 20th. Governor Laura Kelly says she's saddened by the news. She also blames the closure, in part, on the state's failure to expand Medicaid. Five years ago, Fort Scott's Mercy Hospital closed, sending Bourbon County residents to seek care in Pittsburg, some 30 miles away, or in Kansas City, about 90 miles away. Currently, 58% of rural hospitals in Kansas are said to be "at risk" of closing and 28% are at immediate risk of closing.

(-Related-)

Kansas Governor Takes Medicaid Expansion Issue Straight to Voters

TOPEKA, Kan. (KPR/KNS) - Kansas Democratic Governor Laura Kelly is once again pushing for Medicaid expansion in the next legislative session. She's hoping next year’s election will be the key to passing her proposal. All 165 Kansas lawmakers are up for reelection next November. Kelly is aggressively touring the state this fall asking voters to pressure Republican leaders to allow a vote on expansion or face the consequences at the ballot box. “It’s very clear to me now that while there are a number of rank-and-file legislators who would like to support Medicaid expansion, they’re not being given that opportunity by their leadership," Kelly said. A recent survey shows that Kansans overwhelmingly approve of Medicaid expansion including more than half of Republicans. “Kansans want this, and I think that if we do not get it done this next legislative session it will be the number one issue going into the November 2024 elections," Kelly said. Medicaid expansion faces a tough challenge as Republican leaders have indicated they will once again block the legislation from moving forward. Opponents say expansion is too costly and maintain the health coverage plan shouldn’t be used to benefit able-bodied Kansans. (Read more.)

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October Tax Collections Come in Below Estimates

TOPEKA, Kan. (KPR) – Total tax collections for the month of October were down. State officials say tax collections for October were around $685 million. That's about $29 million less than projected. Revenue Secretary Mark Burghart said tax refunds in October were $50 million more this year than last year, which complicated the revenue estimating process.

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Kansas Creek Befouled by Oil Spill Flowing Normally Again

WASHINGTON COUNTY, Kan. (KNS) - A Kansas creek that was soiled by the Keystone Pipeline’s biggest ever oil spill is now flowing normally once again. Nearly 600,000 gallons of tar sands oil spewed out the Keystone in north-central Kansas last December. Workers isolated several miles of Mill Creek to trap the oil and clean it up. They temporarily re-routed the creek using over-ground hoses. The US Environmental Protection Agency says the creek bed passed inspections this month and workers restored normal water flow. State and federal officials will monitor the area for five years or as long as needed to make sure vegetation is restored. For the Kansas News Service, I’m Celia Llopis-Jepsen.

(AP version)

EPA and TC Energy: Cleanup Complete at Site of Keystone Pipeline Oil Spill in Northern Kansas

TOPEKA, Kan. (AP/KPR) — The operator of the Keystone pipeline system and the U.S. Environmental Protection Agency say that the company has finished cleaning up a massive December 2022 oil spill in northeast Kansas. Canada-based TC Energy and the EPA's regional office announced Tuesday that the creek affected by the spill in Washington County is flowing naturally again. The company promised to continue monitoring the site, and the EPA said Kansas' environmental agency and the U.S. Army Corps of Engineers will continue to inspect the area, possibly for years. The spill of 13,000 barrels of crude oil was the largest onshore spill in nearly nine years. The pipeline carries oil from Canada to the Texas Gulf Coast.

The Canada-based company and the EPA's regional office announced Tuesday that berms that had diverted the creek around the spill site had been removed. The EPA said Kansas' environmental agency and the U.S. Army Corps of Engineers also will continue to inspect the area for the next five years or "until it is determined that monitoring is no longer needed."

The spill dumped nearly thousands of barrels of crude oil into the creek as it ran through a rural pasture. The oil was recovered by mid-May, the company has said. The company said that it has started "demobilization" at the site and, "expect to complete these activities by year end." The pipeline carries oil from Canada to the Texas Gulf Coast.

The company reported in February that a faulty weld in a a pipe bend caused a crack that grew over time under stress. An engineering consultant firm's report for U.S. pipeline regulators that became public in May cited pipeline design issues, lapses by its operators and problems caused during pipeline construction as factors in the spill. The consultants' report said the bend had been "overstressed" since its installation in December 2010, likely because construction activity itself altered the land around the pipe. It was the largest onshore spill in nearly nine years.

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Kansas Pediatricians: Pregnant Women Should Get RSV Shot

WICHITA, Kan. (KNS/KMUW) - Kansas doctors say it’s particularly important for pregnant women to get vaccinated against the illness RSV amid a national shortage of shots for infants. RSV is most dangerous to kids and older adults. Getting vaccinated during pregnancy transfers protection to babies before they’re born. Dr. Gretchen Homan (HOH-man) is president of the Kansas chapter of the American Academy of Pediatrics. She says most babies who get RSV don’t need hospitalization, but it’s still hard for parents to care for them. “They can be sick for weeks at a time with terrible congestion, needing suctioning from their noses and having difficulty coordinating their ability to drink," she said. "But parents are doing this at home and it takes a ton of effort.” Pediatricians celebrated the release of RSV immunizations this year, but high demand and high costs are complicating the rollout. The shortage is not impacting shots for pregnant women and adults 60 and older.

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Police Search for Man Who Tried to Rob One KCK Bank, then Robbed Another

KANSAS CITY, Kan. (KCTV) - A man in Kansas City, Kansas, tried to rob one bank Monday morning and then robbed another. The FBI says the man attempted to rob the Bank of America (in the 7800 block of State Avenue) late Monday morning. About 10 minutes later, the same suspect successfully robbed the Community First Bank (in the 600 block of Kansas Avenue). KCTV reports that the man threatened he had an explosive device and left a suspicious package at the second bank. The device was later determined to be non-hazardous. The suspect got away with an unknown amount of cash.

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Kansas Cold Weather Rule Takes Effect November 1

TOPEKA, Kan. (KPR) - The Cold Weather Rule in Kansas begins today (Nov. 1). It will remain in effect through March 31. The rule prevents utility companies from disconnecting a Kansas customer’s natural gas or electric service during periods of extreme cold over the winter months. Under the Cold Weather Rule, utility companies cannot disconnect a customer’s service when the local temperatures drop below 35 degrees within 48 hours. The rule also requires utility companies to offer a 12-month payment plan to allow consumers to maintain or re-establish service. Any residential customer with a past due balance will qualify for payment arrangements. It's the customer’s responsibility to contact the gas or electric company to make those arrangements. The Cold Weather Rule, implemented by the Kansas Corporation Commission (KCC) in 1983, applies only to residential customers of electric and natural gas utility companies. More information about the Cold Weather Rule is available on the KCC's website.

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Missouri Appeals Court Rules Against Ballot Summary Language that Described "Dangerous" Abortions

COLUMBIA, Mo. (AP) — A Missouri appeals court has ruled against a Republican-written description of abortion-rights ballot measures, calling his summaries politically partisan. The Western District Court of Appeals on Tuesday largely upheld descriptions of the constitutional amendments that were rewritten by a lower court judge to be more impartial. The summaries are used on Missouri ballots to help voters understand sometimes lengthy and complex proposed policy changes. If supporters gather enough voter signatures, the abortion-rights constitutional amendments would go before Missouri voters in 2024. Republican Secretary of State Jay Ashcroft had described the proposed constitutional amendments as allowing "dangerous and unregulated abortions until live birth." He says he plans to appeal the ruling.

Ballot summaries are used on Missouri ballots to help voters understand sometimes lengthy and complex constitutional amendments and policy changes. Ashcroft's original description of the amendments, which could go on the ballot in 2024 if supporters gather enough voter signatures, would have asked voters whether they want to "allow for dangerous, unregulated, and unrestricted abortions, from conception to live birth, without requiring a medical license or potentially being subject to medical malpractice." But the appeals-court panel wrote that allowing unrestricted abortion "during all nine months of pregnancy is not a probable effect of initiatives."

The summaries approved by the appeals court would tell voters the amendments would "establish a right to make decisions about reproductive health care, including abortion and contraceptives" and "remove Missouri's ban on abortion." Abortion-rights proponents lauded the Tuesday ruling. Republican Attorney General Andrew Bailey's office is defending Ashcroft's summary language in court. Missouri is among several states, including Ohio, where abortion opponents are fighting efforts to ensure or restore access to the procedure following the fall of Roe v. Wade last year.

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Real Estate Industry Facing Pushback to Longstanding Rules Setting Agent Commissions on Home Sales

LOS ANGELES (AP) — A series of court challenges are seeking to upend longstanding real estate industry practices that determine the commissions agents receive on the sale of a home — and who foots the bill. One case ended Tuesday with a federal jury in Missouri ordering the National Association of Realtors and some of the nation's biggest real estate brokerages to pay almost $1.8 billion in damages after finding that they artificially inflated agent commissions. At least two other court cases are pending. At issue: whether home sellers should be forced to pay the commission for the buyer's agent in order to have their home listed on the widely used Multiple Listings Service.

The verdict stated that the defendants "conspired to require home sellers to pay the broker representing the buyer of their homes in violation of federal antitrust law." If treble damages — which allows plaintiffs to potentially receive up to three times actual or compensatory damages — are awarded, then the defendants may have to pay more than $5 billion. "This matter is not close to being final as we will appeal the jury's verdict," Mantill Williams, a spokesman for the NAR, said in a statement. "In the interim, we will ask the court to reduce the damages awarded by the jury." Williams said it will likely be several years before the case is resolved.

But already the NAR and several real estate brokerages are facing another lawsuit over agent commission rules. Fresh off winning the verdict in the 2019 case, the lawyers filed a new class-action lawsuit in the U.S. District Court for the Western District of Missouri by three different home sellers. It names the trade association and seven brokerage companies, including Redfin Corp., Weichert Realtors and Compass Inc.

The focus of the lawsuits is an NAR rule that requires that home sellers pay not only a commission on the sale of their home to their listing agent, but also cover the commission for the agent representing the homebuyer as a condition of being able to put their property on the Multiple Listings Service, where a majority of U.S. homes are listed for sale.

"Defendants' conspiracy forces home sellers to pay a cost that, in a competitive market and were it not for defendants' anticompetitive restraint, would be paid by the buyer," the plaintiffs argued in the lawsuit filed Tuesday. Plaintiffs claim that the NAR requirement effectively keeps commissions for a homebuyer's agent artificially high.

If NAR's "Mandatory Offer of Compensation Rule" were not in place, then homebuyers would foot the bill for their agent's commission, which would open the door for competition — and lower commissions — among agents vying to represent a homebuyer, the plaintiffs contend. The NAR argues that the practice of listing brokers making offers of compensation to buyer brokers is best for consumers. "It gives the greatest number of buyers a chance to afford a home and professional representation, while also giving sellers access to the greatest number of buyers," Williams said.

As home prices have soared in recent years, pushing the national median sales price to $394,300 as of September, so have agents' commissions. "Today, what effectively happens is the buyer agent's commissions are added to the sale price of the house, inflating the sale price," said Stephen Brobeck, senior fellow at the Consumer Federation of America. "If sellers no longer had to pay the buyer agents, there wouldn't be that inflation and buyers could negotiate the commission down and they would end up paying less money."

Typically, the home seller pays their listing agent, who then splits the commission with the buyer's agent according to the NAR rules. Traditionally, that works out to a 5% to 6% commission split roughly evenly between the buyer's and seller's agents.

The 2019 lawsuit originally also included Anywhere Real Estate Inc. and Re/Max, but the two companies reached a settlement agreement, which included Anywhere paying $83.5 million, Re/Max paying $55 million, and the pair agreeing to pull back on their relationships with NAR.

Homebuyers and sellers aren't likely to see any immediate change in the way agent commissions for homes listed on the MLS are handled, as the NAR has vowed to appeal Tuesday's verdict. However, the industry will be watching for what the court will do next now that the jury has spoken. "What's critical is how far the court orders the industry to restructure their compensation and offers," Brobeck said. "The real solution is for buyers to be able to finance the buyer-agent commissions as part of their mortgages. ... But there are regulatory barriers to that occurring right now - regulatory barriers that are strongly supported by the industry. "

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Chiefs and Patriots Compete for Fans in Germany Ahead of Games in Frankfurt

UNDATED (AP) - The Patriots have the history. The Chiefs have the juice. New England is bringing its six Super Bowl trophies. How about a yacht? Kansas City has that, not to mention the star quarterback and tight end. They're all headed to Frankfurt to take part in two weeks of American football because beyond the games, there are German fans to win over. A lot of them. "Most Germans don't have a team yet," said Alexander Steinforth, the NFL's general manager for Germany. The fandom is in the millions — a barely tapped gold mine for teams and a league which have mostly maxed out domestically. The league says it has 18 million casual fans — that would be roughly one in five residents of Germany — and 3.6 million "avid" ones. "We are reaching that state of maturity where you see fans are actively seeking out teams and are looking for teams that they can follow," Steinforth said. "That's why the market is so exciting for franchises to be active in because right now they have a massive opportunity to pick up fans."

The Chiefs go first — they'll play the Miami Dolphins on Sunday. A week later, the Patriots face the Indianapolis Colts. Both games are at Deutsche Bank Park.

The Chiefs and Patriots both have commercial rights in Germany under the league's global markets program, as do the Tampa Bay Buccaneers, Carolina Panthers and Atlanta Falcons. It means they can sign corporate sponsorship deals, hold events to attract fans and sell merchandise like they do in their home markets.

For Kansas City, life is good. They're the defending Super Bowl champion. Quarterback Patrick Mahomes is the reigning MVP. Travis Kelce is having another big season. Oh yeah, the tight end also appears to be in a relationship with global megastar Taylor Swift, which only adds to the buzz. "It's perfect timing for us as a franchise and we're going to be very aggressive in taking full advantage of that," Chiefs President Mark Donovan said of the team's overall momentum. The Chiefs have spent $1 million in preparation and fan events for Frankfurt, Donovan said.

The team is docking a Chiefs-themed yacht in the Main River for fans to board and get a selfie with the Lombardi trophy from their 38-35 win over the Philadelphia Eagles in the Super Bowl.

Both the Chiefs and Patriots wanted last year's first-ever regular-season game in Munich, but that went to the Bucs and Tom Brady, in part because NFC teams had the extra home game. The Bucs beat the Seattle Seahawks 21-16 at Allianz Arena in what Steinforth said was the NFL's "most-successful international game" in terms of viewership and merchandise sales. He added that German viewership this season on free-to-air broadcaster RTL is up "9 to 10%" from a year ago. Though five teams are in the market, the Chiefs and Patriots "have been the most aggressive and probably have the most foothold," Donovan said. New England has some advantages, he added, "because they've been there longer and they have some German players and German radio and things like that. "We definitely want to be No. 1 in Germany" and elsewhere, he said.

New England saw a surge of interest after selecting German offensive lineman Sebastian Vollmer in 2009. They began pushing German content into the country. The Super Bowl titles kept coming, all coinciding with NFL games airing weekly on free TV network ProSieben. The league switched to the bigger RTL starting this season. "I would say we are the No. 1 (team) or we have been for many, many years, but obviously we're running up against the Kansas City Chiefs, who are doing really well right now and their popularity is soaring," said Joe Dorant, the team's senior director of business development for the region. All six of New England's Lombardi trophies will be on display for fans and photos at "Patriots Haus" downtown, and alumni will be greeting the locals.

But competing with Taylor Swift? "I don't think we can," Dorant said. "The only thing we can do is show the German people what the Patriot way is. We've been successful for many, many years — for a 20-year span. No other team can say that." Kansas City already had the fastest-growing Instagram and TikTok engagement in Germany among NFL teams and that was "pre-Taylor," Donovan said. Among the five teams in the market, the Chiefs have the most Instagram followers on their German account, but the Panthers have the edge on TikTok. "I don't know at this point if she's going to Germany or not," Donovan said. Kelce is sure to face questions about Swift from the locals. Brady was grilled about his personal life following his divorce from Gisele Bündchen. A TV producer also presented Brady with Bavarian lederhosen. Who knows what awaits Kelce.

THE OTHER FOOTBALL
Teams have hired German agencies and advisers to facilitate deals — the Chiefs' sponsorship agreements include fast food and pet food — but they didn't need help figuring out they can gain visibility through Germany's top sport: soccer. Bundesliga champion Bayern Munich has more than 40 million Instagram followers. The Patriots are tops in the NFL with 5 million. The Chiefs' German account is just under 46,000. The Panthers partnered with Eintracht Frankfurt, the Bundesliga club that plays in Deutsche Bank Park. New England hosted the German national soccer team in Foxborough. The Chiefs have linked up with Bayern through the Hunt family-owned FC Dallas.

RUN IT BACK?
The Panthers and Falcons would figure to be next in line. Germany is slated to host one game next year — the NFL confirmed on Monday it will be in Munich — and one in 2025. The Patriots hope to play in Germany as often as possible. "We would have no issue with playing a game next year and the year after — however many games that they ask us to play," Dorant said. The Chiefs and Patriots are the designated "home" teams in Frankfurt. The Chiefs are such a big draw that other teams don't want to give up a visit from them. "We'd like to be more aggressive in being in the international markets more often," Donovan said. "Right now, we'd only do it as an away team ideally, or during those years when we have the extra home game." It's widely expected the NFL will extend its deal in Germany. The league opened an office in Dusseldorf with a capacity for 25 employees. "That's the idea, to grow into it," Steinforth said.

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Kansas City's Andy Reid Again Lands in Lead Spot in AP's NFL Top 5 Head Coach Rankings

UNDATED (AP) - Andy Reid again was a near-unanimous choice by The Associated Press for the top spot among NFL head coaches, receiving eight of nine first-place votes. A panel of nine AP Pro Football Writers ranked the top five head coaches, making their selections based on current status through Week 8. First-place votes were worth 10 points. Second through fifth-place votes were worth 5, 3, 2 and 1 points. Reid also received eight of nine first-place votes in the preseason poll. Six-time Super Bowl champion Bill Belichick again got the other first-place vote. Doug Pederson, Kyle Shanahan, Mike Tomlin and Nick Sirianni each got second-place votes. In short, Andy Reid just keeps winning. A total of 12 coaches received at least one vote, including Pete Carroll, Sean McVay, Dan Campbell, Sean McDermott and Mike McDaniel.

1. ANDY REID, Kansas City Chiefs
After winning more games than any coach in the history of the Philadelphia Eagles, Reid is well on his way to leading the Chiefs (6-2) to a winning record for an 11th straight season. The Chiefs have hosted the AFC title game the last five seasons and won two Super Bowls in three tries.

2. KYLE SHANAHAN, San Francisco 49ers
Shanahan is one of two coaches in the top five who haven't won a Super Bowl. The 49ers (5-3) have lost three straight games after a 5-0 start to fall to second place behind Seattle in the NFC West. Shanahan guided the 49ers to the NFC championship game last season with third-string QB Brock Purdy and led them to one Super Bowl appearance and two NFC championship games with Jimmy Garoppolo. Shanahan takes the No. 2 spot that went to Belichick in the preseason poll.

3. NICK SIRIANNI, Philadelphia Eagles
Despite having the most second-place votes with three, Sirianni finished third because he wasn't named on three ballots. Sirianni is 30-12 in the regular season, including a 7-1 record this season. The Eagles haven't had a Super Bowl hangover after losing to the Chiefs. They've got the best record in the NFL and have been the most consistent team even though they haven't played their best.

4. JOHN HARBAUGH, Baltimore Ravens
Harbaugh flip-flops with Tomlin, moving up one spot from the preseason poll. His Ravens (6-2) lead the competitive AFC North despite numerous injuries. Harbaugh, who has one Super Bowl ring, is on his way to his 14th winning season in 16 years with the Ravens.

5. MIKE TOMLIN, Pittsburgh Steelers
Tomlin's Steelers are 4-3 with an opportunity to play two more at home after a home loss to the Jaguars. He's never had a losing season in 16 years in Pittsburgh and it'll be a challenge to keep that streak going. Tomlin received two second-place votes and was named on five ballots. He has won a Super Bowl in two appearances.

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This summary of area news is curated by KPR news staffers, including J. Schafer, Laura Lorson, Tom Parkinson and Kaye McIntyre. Our headlines are generally posted by 10 am weekdays and updated throughout the day. These ad-free headlines are made possible by KPR members. Become one today. And follow KPR News on Twitter.