TOPEKA – (April 26, 2016) – Kansas has received its annual tobacco settlement payment totaling $59,124,916.31, Attorney General Derek Schmidt announced today.
The $59.1 million total is consistent with the estimate that the Attorney General provided last fall to the consensus revenue estimators.
“We continue our efforts to keep the state’s annual payment received each April from the Master Settlement Agreement as stable as possible,” Schmidt said. “However, because several variables have converged, predicting the anticipated amount of receipts over the next few years will be particularly difficult.”
On the one hand, the MSA payment the state will receive in April 2018 will mark the end of Strategic Contribution Fund payments under the original MSA. That will result in a sizeable – and permanent – reduction in the annual money received by the state. It is impossible at this time to predict with any reasonable accuracy how large that reduction will be. This variable tends to undermine the stability in the state’s annual receipts.
The ability to predict future payment amounts is further complicated because the tobacco companies involved in the MSA this year began withholding a portion of annual payments and placing those funds in a “disputed payment account” rather than sending them directly to the state. To date, the companies have not actually accused Kansas of any failure to satisfy its MSA obligations, so it is impossible to predict whether this sort of withholding will continue in future years and, if so, how much will be withheld. This variable also tends to undermine stability in the state’s annual receipts.
In addition, Kansas has reached the end of its ability to keep payments relatively stable by managing the release of funds previously set aside in a disputed payment account in a way that offsets other variables. The final release of those remaining funds will be in the April 2017 payment.
On the other hand, Schmidt noted that the Legislature this year approved compacts with two of the four resident Native American tribes in Kansas, which will strengthen tobacco enforcement on tribal lands and improve the state’s ability to “diligently enforce” its obligations under the MSA. Negotiations with the other two resident tribes are ongoing. Diligent enforcement of the state’s qualifying statute governing tobacco sales in Kansas tends to promote stability in the state’s annual receipts.
Despite concerns about the unpredictability of future-years’ payments, the just-received annual payment was relatively stable compared with previous years. As it does each year, the annual payment will reimburse the state for funds previously appropriated by the Legislature to pay the current fiscal year’s cost of programs financed from tobacco settlement proceeds. Because of the timing of the annual tobacco payment in comparison with the state budget cycle, the Legislature each year appropriates funds that will not be received until the following April and then reimburses that amount when the annual payment is received.
Tue, 26 Apr 2016 20:22:12 Z
Kansas Bar Association members provide resources for Law Day
The Law Related Education Committee at the Kansas Bar Association has resources to assist the public in learning more about Miranda v. Arizona and the procedures for ensuring justice.
This year’s Law Day theme is “Miranda: More than Words” to mark the 50th anniversary of the landmark U.S. Supreme Court decision in Miranda v. Arizona.
Resources include the March issue of Law Wise, a publication designed for educators and students that includes an overview and lesson plans. This issue also features comments from bar leaders about the importance of the Miranda decision. This free resource is available in hard copy and online. Kansas Bar Association members are available to speak on or around Law Day in classrooms or to organizations. In addition, KBA members are available to speak during Celebrate Freedom Week and Constitution Day in September.
Chair of the KBA Law Related Education Committee, the Hon. G. Joseph Pierron Jr., explains the progression of the view of the Miranda decision.
“The Miranda decision is one of the best known, if not the best known, United States Supreme Court decision. People who may not be conversant in such things as substantive due process (including many lawyers and judges) seem to feel comfortable and believe they understand the law behind the ‘Miranda warnings.’ After 50 years the decision has become a solid part of the legal background in this country and the public appears to accept it as an appropriate way to protect legitimate constitutional rights. While there was some resistance to it right after it was decided, it now seems to be seen as something quite necessary. If detectives begin questioning a subject in a television crime show without giving ‘The Warnings,’ many viewers will find something amiss.”
Congress established May 1 as the official Law Day in 1966 but it was President Dwight D. Eisenhower who proclaimed the day in 1958 to honor the role of law in the creation of the United States of America. President Eisenhower’s legal counsel, Charles S. Ryhne came up with the idea.
Each year the American Bar Association determines the 2016 Law Day theme. The goal with Miranda- More than Words is to generate an understanding of the procedures for ensuring justice and to explore the procedural protections afforded to all by the U.S. Constitution.
Tue, 12 Apr 2016 22:24:40 GMT
The State of Kansas has changed all email addresses for the Kansas Board of EMS staff. In the past, you could contact us via email with addresses in the form of “email@example.com”. Due to changes in the state email system, that is now changing to “firstname.lastname@example.org” (NOTE that the change is to remove the ems […]
Thu, 21 Apr 2016 13:28:38 +0000
Site Selection magazine named Kansas in the Top Five of the Governor's Cup in the region and the nation.
Thu, 31 Mar 2016 13:25:16 -0600
The Spring 2016 Newsletter for the University of Cincinnati Corrections Institute features Kansas' evidence-based approach to recidivism reduction in an article by interim Corrections Secretary Johnnie Goddard.
Your April 24 editorial leaves readers with the erroneous impression that Kansas is singling out Medicaid recipients to put restrictions on the way their doctors can prescribe medications. This is not the case.
Wed, 27 Apr 2016 14:43:39 -0500