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This evening, Governor Laura Kelly issued executive guidance on her six-week plan to re-open the state of Kansas amid the COVID-19 pandemic. The plan begins with Monday's expiration of her statewide stay-at-home order. The four-phase plan includes rapid, wide-scale testing capabilities to identify who has been infected before they unknowingly spread the disease. The state plans to recruit and train 400 new workers for a robust contact tracing program. Each phase of the plan, outlined below, would last a minimum of 14 days but could be extended by the state if the virus unexpectedly spreads. The second phase would begin May 18 and...

Kansas Grain and Feed Association's (KGFA) elevator safety and maintenance workshops originally scheduled for May 5 - 7 in Garden City, Wichita and Salina have been postponed due to ongoing attempts to mitigate the spread of COVID-19. KGFA is coordinating with speakers and venues to reschedule the three workshops and will provide the new dates as soon as they are available. If you have any questions or concerns, please contact Samantha Tenpenny by email (samantha@kansasag.org) or by phone (785.234.0461). This communication is meant for Kansas Grain and Feed...

SBA PPP Accepting & Limiting Loan Applications The U.S. Small Business Agency (SBA) will begin taking loan applications today at 9:30 am for its Paycheck Protection Program (PPP). Click here to read why the SBA is limiting how much in loans a lender can process. Click here to read what you need to know about the PPP's second round. Governor Kelly Expected to Release Plan to Re-open Kansas Kansas Governor Laura Kelly is expected early this week to release her plan to reopen the state as the COVID-19 begins to ease. Click here to...

The state Supreme Court of Iowa recently published a ruling on MidwestOne Bank v. Heartland Co-op, where a bank (MidwestOne) maintained a prior perfected security interest in a financially distressed farmer’s grain that was stored at the grain elevator (Heartland Co-op). Upon the sale of the grain, the elevator withheld part of the proceeds for its drying and storage services. Neither the elevator nor the farmer notified the bank of the deductions. The bank then sued the elevator on a conversion action for the amount of the withheld deductions, arguing that the elevator’s withholding of the proceeds violated the bank’s...

Yesterday, the U.S. House of Representatives followed the Senate's vote on Tuesday to pass the fourth COVID-19 response bill aimed to shore up funding for small businesses hurt by the global pandemic. This relief package included funding for the Small Business Administration's (SBA) Paycheck Protection Program and Economic Injury Disaster Loans, as well as for hospitals and testing. Here is the complete breakdown: Total cost: $484.352 billion$311 billion for small businesses$60 billion for emergency disaster funds for small businesses$75 billion for hospitals$25 billion for testing The latest COVID-19 response bill includes the following language supporting States to provide testing to employers: “Of the amount appropriated under this...

On Wednesday, April 22, 2020, the Legislative Coordinating Council (LCC) of the Kansas Legislature met to discuss the possible reconvening of the legislature, An adjournment resolution (Senate Concurrent Resolution 1615) passed by the legislature prior to its March 19th adjournment, calls for the legislature to return for final legislative work on April 27th. However, the resolution also allows the LCC to meet and call lawmakers back at a later date if the LCC determines “it is necessary to the security and health and safety of the pubic, legislative staff and legislators." The LCC could potentially postpone the reconvening date...

For the past several weeks, we have been working intensely with the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) and the FEMA Supply Chain Stabilization Task Force to prioritize the needs of the food and agriculture sector for access to available personal protection equipment (PPE), as well as disinfectants and sanitation supplies, to protect the health and safety of employees within the sector and to retain consumer confidence. Today, we are pleased to report that the discussions with the Supply Chain Stabilization Task Force have resulted in its identification of the attached list of distributors...

Last week, the Federal Motor Carriers Safety Administration (FMCSA) published a set of answers to frequently asked questions regarding State Driver Licensing Agencies and commercial driver’s license holders during the COVID-19 pandemic. This information may be helpful to members as it relates to retention of current drivers and the licensing of new seasonal drivers. The FAQ’s specifically address HAZMAT endorsements and skills tests for new drivers. This guidance document does not have the force and effect of law and is not meant to bind the public in anyway. This guidance is intended only to provide clarity regarding existing requirements...

In March, the Legislature passed a budget for the remainder of fiscal year ’20 (through June 30) and for fiscal year 2021. At the time, the state’s ending balance June 30 would have been $927 million, and was projected to be $730 million at the end of 2021. On Monday, April 20th, the Consensus Revenue Estimating Group (CRE) met and provided an updated estimate on state revenue. The Consensus Revenue Estimating Group, or CRE, is composed of representatives of the Division of the Budget, Dept. of Revenue, Legislative Research Dept., and economists from the University of Kansas, Kansas...

On April 20, 2020, the Department of Homeland Security and USCIS will publish a temporary final rule to amend certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency. Due to travel restrictions and visa processing limitations as a result of actions taken to mitigate the spread of COVID-19, as well as the possibility that some H-2A workers may become unavailable due to COVID-19 related illness, U.S. employers who have approved H-2A petitions or who will be filing H-2A petitions might...

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