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27 Apr

Posted at 07:10h in Industry News, Regulatory
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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...

24 Apr

Posted at 07:56h in Industry News
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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...

22 Apr

Posted at 11:53h in Advocacy
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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...

21 Apr

Posted at 13:53h in Industry News
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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...

21 Apr

Posted at 11:24h in Regulatory
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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...

21 Apr

Posted at 07:20h in Advocacy
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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...

17 Apr

Posted at 09:12h in Industry News, Regulatory
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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...

16 Apr

Posted at 13:18h in Industry News, Regulatory
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This evening, Governor Laura Kelly issued Executive Order #20-24 extending the statewide “stay home” set to expire April 19, to midnight May 3. The Governor’s Order directs all individuals within the state of Kansas to stay in their residences unless performing an essential activity including but not limited to: Performing, or going to or from work at a business or organization to perform, an essential function as identified in the Kansas Essential Function Framework (KEFF). The KEFF includes businesses that maintain supply chains for essential functions and critical infrastructure as defined by a...

16 Apr

Posted at 06:48h in Industry News, Regulatory
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Courtesy: American Feed Industry Association The American Feed Industry Association is a not-for-profit organization that represents the feed industry in industry-wide events, national and state legislation, etc. Last Friday, the Occupational Safety and Health Administration issued an enforcement guidance with details on how employers should record occupational illnesses, specifically cases of the COVID-19. Last Friday, the Occupational Safety and Health Administration issued an enforcement guidance with details on how employers should record occupational illnesses, specifically cases of the COVID-19. In areas where there is ongoing community transmission, employers – other than those in the healthcare industry,...

14 Apr

Posted at 10:18h in Industry News, Regulatory
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Governor Laura Kelly has issued Executive Order 20-22 which extends the previous Executive Order 20-09, which expired on April 12, 2020. The Order maintains the 10% weight wavier up to 90,000 lbs for trucks hauling essential goods and supplies. The new Order expires on May 15, 2020, or until the statewide state of disaster emergency on COVID-19 expires. Governor Laura Kelly's Executive Order 20-22 (view by clicking the button below or HERE) allows a 10% weight waiver for motor carriers of essential services and food supplies. For our members’ clarification of the Executive Order, we requested clarification from the...

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