(Radio Iowa) - Social media pages are lit up by photos Iowans took of the Northern Lights last night and stargazers are hoping for a repeat tonight. 

University of Iowa physics &amp; astronomy Professor Allison Jaynes watched the dancing bands of green and red over a cornfield near Iowa City last night and says it's a roll of the dice whether we'll see the rare treat again after the sun sets in a few hours. 

Jaynes says you'll likely have to drive a bit to get away from lights and you'll need as much darkness as possible to the north. She's encouraged how the recent aurora appearances have captured the attention of so many people, getting them to gaze skyward, saying "it's really a community event."

(Radio Iowa) - Social media pages are lit up by photos Iowans took of the Northern Lights last night and stargazers are hoping for a repeat tonight. University of Iowa physics &amp; astronomy Professor Allison Jaynes watched the dancing bands of green and red over a cornfield near Iowa City last night and says it's a roll of the dice whether we'll see the rare treat again after the sun sets in a few hours. Jaynes says you'll likely have to drive a bit to get away from lights and you'll need as much darkness as possible to the north. She's encouraged how the recent aurora appearances have captured the attention of so many people, getting them to gaze skyward, saying "it's really a community event."

Iowa sky watchers are hoping for a repeat show from the Northern Lights

(Radio Iowa) - The Iowa Supreme Court has upheld the sentence of a Fairfield teen who pleaded guilty to murdering his Spanish teacher. 

Willard Miller, who was 16 at the time of the crime, was sentenced to life in prison with the possibility of parole after serving 35 years. Miller's attorney argued there should be expert testimony about sentencing a juvenile to a mandatory minimum sentence, and Miller's attorney called the sentence unconstitutional. 

The justices' opinion says the Iowa Constitution does not ban giving minimum sentences to juveniles and it says there's no state law requiring expert testimony. Miller and another student pleaded guilty to murdering Fairfield Spanish teacher Nohema Graber three years ago.

(Radio Iowa) - The Iowa Supreme Court has upheld the sentence of a Fairfield teen who pleaded guilty to murdering his Spanish teacher. Willard Miller, who was 16 at the time of the crime, was sentenced to life in prison with the possibility of parole after serving 35 years. Miller's attorney argued there should be expert testimony about sentencing a juvenile to a mandatory minimum sentence, and Miller's attorney called the sentence unconstitutional. The justices' opinion says the Iowa Constitution does not ban giving minimum sentences to juveniles and it says there's no state law requiring expert testimony. Miller and another student pleaded guilty to murdering Fairfield Spanish teacher Nohema Graber three years ago.

Iowa Supreme Court upholds teen's sentence for Fairfield teacher's murder

(Radio Iowa) - Iowa now has a second Safe Haven baby box where an unwanted newborn baby can be turned over. 

Safe Haven founder Monica Kelsey says the box allows anonymity where the Safe Haven law that was passed 25 years ago allows for confidentiality, but not anonymity. She says anonymity for a parent who doesn't want to walk in and hand their child to a person, but still wants to surrender their child, is important to some of the women. 

The new Safe Haven baby box is at MercyOne Medical Center in Des Moines and it follows the first that was installed at the Fort Dodge Fire Department in 2023. Kelsey started Safe Haven baby boxes out of her own beginnings after she was abandoned as an infant. You can find out more about Safe Haven boxes, or make a donation to the organization at shbb.org.

(Radio Iowa) - Iowa now has a second Safe Haven baby box where an unwanted newborn baby can be turned over. Safe Haven founder Monica Kelsey says the box allows anonymity where the Safe Haven law that was passed 25 years ago allows for confidentiality, but not anonymity. She says anonymity for a parent who doesn't want to walk in and hand their child to a person, but still wants to surrender their child, is important to some of the women. The new Safe Haven baby box is at MercyOne Medical Center in Des Moines and it follows the first that was installed at the Fort Dodge Fire Department in 2023. Kelsey started Safe Haven baby boxes out of her own beginnings after she was abandoned as an infant. You can find out more about Safe Haven boxes, or make a donation to the organization at shbb.org.

Second Safe Haven Baby Box Installed In Iowa

Fall means harvest season and hunting, but with that also comes more deer on the roadways.  

Seargent Shane Hux with Troop H of the Missouri Highway Patrol warns motorists to be on the lookout for deer 

"You know we got harvest going on, that's pushing the deer out of the fields, less daylight, going to have Daylight Savings Time coming up, the deer patters going to definitely be changing," Hux tells KFEQ/St. Joseph Post. "So, always be alert for deer, not just where the signs are posted but deer can be anywhere." 

Hux says the peak times of deer movement are around dusk and dawn. Hux with Troop H in St. Joseph says if you see a deer in the roadway, you should slow down and do what you can to try to get it off the roadway. 

"What we don't want people to do is to swerve to try miss the deer, on a two lane highway you may have other traffic there in the way, and what we see a lot of the times is people do swerve, miss the deer, but yet they travel off the roadway strike a fixed object and then overturn," Hux explains. "It becomes a more severe crash just because someone chose to swerve to miss the deer." 

Hux adds another important thing to think about if you crash into a deer, is the deer's carcass.  

"You know if someone doesn't report the crash, the possibility the carcass could be laying in the roadway and cause a hazard," Hux says. "So, it's very important anytime you hit a deer, even if you don't need a crash report, still notify law enforcement so we can go out there and make sure the deer itself is not laying in the roadway to make a hazard." 

Hux says an influx of deer is seen around dusk and dawn and to keep in mind if you see one, there is probably another one right behind it. 

By MATT PIKE St. Joseph Post Fall means harvest season and hunting, but with that also comes more deer on the roadways. Seargent Shane Hux with Troop H of the Missouri Highway Patrol warns motorists to be on the lookout for deer "You know we got harvest going on, that's pushing the deer out of the fields, less daylight, going to have Daylight Savings Time coming up, the deer patters going to definitely be changing," Hux tells KFEQ/St. Joseph Post. "So, always be alert for deer, not just where the signs are posted but deer can be anywhere." Hux says the peak times of deer movement are around dusk and dawn. Hux with Troop H in St. Joseph says if you see a deer in the roadway, you should slow down and do what you can to try to get it off the roadway. "What we don't want people to do is to swerve to try miss the deer, on a two lane highway you may have other traffic there in the way, and what we see a lot of the times is people do swerve, miss the deer, but yet they travel off the roadway strike a fixed object and then overturn," Hux explains. "It becomes a more severe crash just because someone chose to swerve to miss the deer." Hux adds another important thing to think about if you crash into a deer, is the deer's carcass. "You know if someone doesn't report the crash, the possibility the carcass could be laying in the roadway and cause a hazard," Hux says. "So, it's very important anytime you hit a deer, even if you don't need a crash report, still notify law enforcement so we can go out there and make sure the deer itself is not laying in the roadway to make a hazard." Hux says an influx of deer is seen around dusk and dawn and to keep in mind if you see one, there is probably another one right behind it.

State Highway Patrol warns motorists of deer on the road

A federal judge rejected a petition from environmental activists for more strict regulation of large livestock operations in a win for the U.S. meat industry. The U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, threw out a lawsuit that would have changed how the Environmental Protection Agency regulates concentrated animal feeding operations. Pork producers applauded the decision. The lawsuit, filed and led by Food &amp; Water Watch, challenged the EPA’s decision last year to deny a petition that would have required all farms to obtain permits to operate their CAFOs unless they could prove they’re not a source of pollution.

 In their petition, activist groups argued livestock operations are releasing pollution into waterways in violation of the Clean Water Act. In its decision, however, the court agreed with the EPA’s approach to regulating livestock production, including the formation of a subcommittee to study water quality issues, saying it was important to “seek information about how best to tackle the problem” before crafting new regulations.

A federal judge rejected a petition from environmental activists for more strict regulation of large livestock operations in a win for the U.S. meat industry. The U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, threw out a lawsuit that would have changed how the Environmental Protection Agency regulates concentrated animal feeding operations. Pork producers applauded the decision. The lawsuit, filed and led by Food &amp; Water Watch, challenged the EPA’s decision last year to deny a petition that would have required all farms to obtain permits to operate their CAFOs unless they could prove they’re not a source of pollution. In their petition, activist groups argued livestock operations are releasing pollution into waterways in violation of the Clean Water Act. In its decision, however, the court agreed with the EPA’s approach to regulating livestock production, including the formation of a subcommittee to study water quality issues, saying it was important to “seek information about how best to tackle the problem” before crafting new regulations.-NAFB

Court denies petition for stronger EPA regulation of large livestock farms

U.S. agricultural exports were at $13.01 billion in August, essentially unchanged from July, against imports of $17.19 billion, which were down 2% from July, resulting in a monthly trade deficit of $4.18 billion. AgWeb reports exports thus far this fiscal year total $161.3 billion compared to imports of $188.82 billion, creating a cumulative deficit of $27.52 billion. The sector has recorded monthly deficits in 10 out of 11 months in FY 2024, with three months seeing deficits of $4 billion or more and eight months with a deficit of $1 billion or more. 

USDA forecasts agricultural exports at $173.5 billion and imports at a record $204 billion for a projected record trade deficit of $30.5 billion. In FY 2023, the trade gap was $17.1 billion. Based on the FY 2024 forecasts and cumulative trade data, agricultural exports in September would need to reach $12.2 billion to meet the USDA forecast, while imports would need to be $15.18 billion.

U.S. agricultural exports were at $13.01 billion in August, essentially unchanged from July, against imports of $17.19 billion, which were down 2% from July, resulting in a monthly trade deficit of $4.18 billion. AgWeb reports exports thus far this fiscal year total $161.3 billion compared to imports of $188.82 billion, creating a cumulative deficit of $27.52 billion. The sector has recorded monthly deficits in 10 out of 11 months in FY 2024, with three months seeing deficits of $4 billion or more and eight months with a deficit of $1 billion or more. USDA forecasts agricultural exports at $173.5 billion and imports at a record $204 billion for a projected record trade deficit of $30.5 billion. In FY 2023, the trade gap was $17.1 billion. Based on the FY 2024 forecasts and cumulative trade data, agricultural exports in September would need to reach $12.2 billion to meet the USDA forecast, while imports would need to be $15.18 billion.

USDA projects a record ag trade deficit in 2024

A strong geomagnetic storm occurred Thursday night and brought views of the aurora as far south as northern Missouri and Kansas.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728614836497.png" alt="View of the northern lights from Kansas on Thursday" />
 <figcaption>View of the northern lights from Kansas on Thursday</figcaption>
 </figure>A strong geomagnetic storm occurred Thursday night and brought views of the aurora as far south as northern Missouri and Kansas.<div><blockquote class="twitter-tweet">The northern lights are on full display across the Tri-State area. If you haven&#39;t made it out this evening don&#39;t worry the clear skies are forecast to continue throughout the night. For more information on the Aurora please visit <a href="https://t.co/H6I1XThxql">https://t.co/H6I1XThxql</a> <a href="https://twitter.com/hashtag/kswx?src=hash&amp;ref_src=twsrc%5Etfw">#kswx</a> <a href="https://twitter.com/hashtag/newx?src=hash&amp;ref_src=twsrc%5Etfw">#newx</a> <a href="https://twitter.com/hashtag/cowx?src=hash&amp;ref_src=twsrc%5Etfw">#cowx</a> <a href="https://t.co/nIeX5iTcqd">pic.twitter.com/nIeX5iTcqd</a>&mdash; NWS Goodland (@NWSGoodland) <a href="https://twitter.com/NWSGoodland/status/1844571365774590345?ref_src=twsrc%5Etfw">October 11, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>

Beautiful display: Northern lights show off across Missouri, Kansas

BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;

The state of Iowa, where nursing homes have compiled one of the nation’s worst records for staffing-level violations, has joined 19 other states in suing the Biden administration to block the implementation of new staffing requirements.

The lawsuit, filed in U.S. District Court for the Northern District of Iowa, seeks to overturn the nursing home staffing requirements approved earlier this year by the Centers for Medicare and Medicaid Services.

In their petition, the 20 states, including Kansas, and more than a dozen industry associations argue that the new staffing requirements pose “an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business. And the main victims will be the patients who will have nowhere else to go.”

The lawsuit is in response to CMS’ decision in April to finalize new minimum staffing standards that will require homes to conduct assessments of their residents’ needs and provide 3.48 hours of direct nursing care per resident, per day. The rule also requires the homes to have a registered nurse available 24 hours per day, seven days a week.

Earlier this year,&nbsp;<a href="https://iowacapitaldispatch.com/2024/04/16/iowa-nursing-homes-staffing-levels-are-among-the-nations-worst/" target="_blank">the Iowa Capital Dispatch reported</a>&nbsp;that Iowa nursing homes have the sixth-worst record in the nation for staffing-level violations. Data from CMS show that 14% of the state’s 422 nursing facilities were cited for insufficient staffing in fiscal year 2023. That was more than double the national average, which was 5.9%.

Only five other states — Hawaii, Michigan, Montana, New Mexico and Oregon — had a worse record of compliance with the sufficient-staffing requirement.

Des Moines’ Fleur Heights care facility compiled Iowa’s worst record of compliance.&nbsp; Over a nine-month period between May 2023 and February 2024, Fleur Heights was cited, but never fined, five times for insufficient staff — more than any other facility in the state.

Lawsuit: CMS pulls an elephant out of a mousehole

Federal data suggest many care facilities already meet the new standards, but industry officials allege nursing homes will need to hire an additional 27,000 full-time registered nurses and 78,000 full-time certified nurse aides, at a cost of more than $7 billion, to meet the requirements.

<a href="https://nursinghome411.org/alert-staffing-q4-2023/" target="_blank">A report from the Long-Term Care Community Coalition</a>&nbsp;earlier this year showed that 6 in 10 of all U.S. nursing homes would have met the new nurse-staffing standard of 3.48 hours in the fourth quarter of 2023. Iowa homes fell below the national average, with 56.5% of them meeting the new standard.

The fact that a majority of facilities already meet the new minimum standard while still facing quality-of-care issues has been an issue with many advocates who say&nbsp;<a href="https://iowacapitaldispatch.com/2024/05/03/new-report-details-low-staffing-high-turnover-in-iowa-nursing-homes/" target="_blank">the new standards don’t go far enough.</a>&nbsp;They point to a federal study that shows each resident needs at least 4.1 hours of nursing care each day – which is a standard met by only 26% of all nursing homes nationally.

The lawsuit alleges the new requirements, which apply only to homes that accept taxpayer money through Medicaid and Medicare funding for resident care, are “not even close to lawful.”

That claim appears to be based on the plaintiffs’ argument that CMS lacks the broad authority needed to enact a rule that would “result in at least $43 billion of compliance costs for nursing homes nationwide over the next ten years” without first obtaining congressional approval. The lawsuit likens CMS’ action to pulling an elephant out of a mousehole.

The lawsuit also notes that the previous standards included a “flexible staffing standard” that dates back to 1972 and which required only that a nursing home “provide 24-hour licensed nursing services which are sufficient to meet the nursing needs of its residents.”

For at least 40 years, that standard came under fire from advocates for seniors who alleged it allowed corporate nursing home owners to define for themselves what constituted a “sufficient” level of staffing, even as federal studies showed inadequate staffing to be the single largest contributor to poor quality care in nursing homes.

Congress, the lawsuit points out, chose not to take action on complaints regarding the rule on “sufficient” staff.

“For decades, Congress, CMS, and its predecessors have considered — and rejected — proposals to replace the flexible staffing standards with a one-size-fits-all requirement,” the lawsuit argues, adding that the new mandate “threatens the health, safety, and well-being of millions of nursing home patients across the country.”

Although the new staffing requirements are to be phased in over two to three years, and include a waiver for homes in rural areas with labor-pool shortages, “the reality of a tight labor market requires nursing homes to hire immediately because the available supply of nurses will dwindle as the implementation date approaches,” the lawsuit claims.

The lawsuit characterizes the new staffing mandate of having a nurse available on a 24/7 basis as “a one-size-fits-all approach,” but acknowledges other elements of the mandate would be based on a care facility’s own assessment of residents’ needs.

Although the new rule includes a financial-hardship waiver for homes that can’t afford to meet the new staffing level requirements, the plaintiffs argue that in order to get such a waiver, a home must prove there’s a significant local shortage of health care workers, show evidence of staff recruitment efforts and competitive wages, and document their spending on staffing in relation to their overall revenue.

Even then, the plaintiffs argue, a “hardship exemption” can still be denied if a nursing home is designated a “special focus facility” due to major, recurring violations of resident-care standards.

Another point of contention referenced in the lawsuit is the new rule’s lack of recognition for the use of licensed practical nurses. The plaintiffs argue that the rule creates an incentive for facilities to fire LPNs and replace them with less skilled certified nurse aides. The rule “pressures long-term care facilities to replace experienced LPNs” with less-qualified new hires, the lawsuit alleges.

The lawsuit seeks a declaration by the court that CMS lacks the authority to impose the new requirements as well as orders vacating and setting aside specific requirements such as the 24/7 requirement for a registered nurse.

Plaintiffs in the lawsuit include the states of Iowa, Nebraska, Kansas, South Carolina, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, Oklahoma, North Dakota, South Dakota, Utah, Virginia, and West Virginia.

Co-plaintiffs include the LeadingAge lobbying and professional associations in Iowa, Nebraska, South Dakota, Kansas, Oklahoma, South Carolina, Missouri, New Jersey, Ohio, Colorado, Delaware, Virginia, Maryland, Pennsylvania, Tennessee and Michigan.

The defendants, CMS and the U.S. Department of Health and Human Services, have yet to file a response to the lawsuit. In other, similar lawsuits, such as one filed in Texas by industry officials, the agencies have denied any wrongdoing.

Iowa Capital-Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/09/iowa-19-other-states-sue-feds-to-block-staffing-mandates-for-nursing-homes/" target="_blank">produced this story</a>.

<figure>
 <img src="https://media.eaglewebservices.com/public/2020/12/1608503689153.jpg" alt="" />
 <figcaption></figcaption>
 </figure>BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;The state of Iowa, where nursing homes have compiled one of the nation’s worst records for staffing-level violations, has joined 19 other states in suing the Biden administration to block the implementation of new staffing requirements.The lawsuit, filed in U.S. District Court for the Northern District of Iowa, seeks to overturn the nursing home staffing requirements approved earlier this year by the Centers for Medicare and Medicaid Services.In their petition, the 20 states, including Kansas, and more than a dozen industry associations argue that the new staffing requirements pose “an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business. And the main victims will be the patients who will have nowhere else to go.”The lawsuit is in response to CMS’ decision in April to finalize new minimum staffing standards that will require homes to conduct assessments of their residents’ needs and provide 3.48 hours of direct nursing care per resident, per day. The rule also requires the homes to have a registered nurse available 24 hours per day, seven days a week.Earlier this year,&nbsp;<a href="https://iowacapitaldispatch.com/2024/04/16/iowa-nursing-homes-staffing-levels-are-among-the-nations-worst/" target="_blank">the Iowa Capital Dispatch reported</a>&nbsp;that Iowa nursing homes have the sixth-worst record in the nation for staffing-level violations. Data from CMS show that 14% of the state’s 422 nursing facilities were cited for insufficient staffing in fiscal year 2023. That was more than double the national average, which was 5.9%.Only five other states — Hawaii, Michigan, Montana, New Mexico and Oregon — had a worse record of compliance with the sufficient-staffing requirement.Des Moines’ Fleur Heights care facility compiled Iowa’s worst record of compliance.&nbsp; Over a nine-month period between May 2023 and February 2024, Fleur Heights was cited, but never fined, five times for insufficient staff — more than any other facility in the state.<h2>Lawsuit: CMS pulls an elephant out of a mousehole</h2>Federal data suggest many care facilities already meet the new standards, but industry officials allege nursing homes will need to hire an additional 27,000 full-time registered nurses and 78,000 full-time certified nurse aides, at a cost of more than $7 billion, to meet the requirements.<a href="https://nursinghome411.org/alert-staffing-q4-2023/" target="_blank">A report from the Long-Term Care Community Coalition</a>&nbsp;earlier this year showed that 6 in 10 of all U.S. nursing homes would have met the new nurse-staffing standard of 3.48 hours in the fourth quarter of 2023. Iowa homes fell below the national average, with 56.5% of them meeting the new standard.The fact that a majority of facilities already meet the new minimum standard while still facing quality-of-care issues has been an issue with many advocates who say&nbsp;<a href="https://iowacapitaldispatch.com/2024/05/03/new-report-details-low-staffing-high-turnover-in-iowa-nursing-homes/" target="_blank">the new standards don’t go far enough.</a>&nbsp;They point to a federal study that shows each resident needs at least 4.1 hours of nursing care each day – which is a standard met by only 26% of all nursing homes nationally.The lawsuit alleges the new requirements, which apply only to homes that accept taxpayer money through Medicaid and Medicare funding for resident care, are “not even close to lawful.”That claim appears to be based on the plaintiffs’ argument that CMS lacks the broad authority needed to enact a rule that would “result in at least $43 billion of compliance costs for nursing homes nationwide over the next ten years” without first obtaining congressional approval. The lawsuit likens CMS’ action to pulling an elephant out of a mousehole.The lawsuit also notes that the previous standards included a “flexible staffing standard” that dates back to 1972 and which required only that a nursing home “provide 24-hour licensed nursing services which are sufficient to meet the nursing needs of its residents.”For at least 40 years, that standard came under fire from advocates for seniors who alleged it allowed corporate nursing home owners to define for themselves what constituted a “sufficient” level of staffing, even as federal studies showed inadequate staffing to be the single largest contributor to poor quality care in nursing homes.Congress, the lawsuit points out, chose not to take action on complaints regarding the rule on “sufficient” staff.“For decades, Congress, CMS, and its predecessors have considered — and rejected — proposals to replace the flexible staffing standards with a one-size-fits-all requirement,” the lawsuit argues, adding that the new mandate “threatens the health, safety, and well-being of millions of nursing home patients across the country.”<h2>Hardship exemptions are questioned</h2>Although the new staffing requirements are to be phased in over two to three years, and include a waiver for homes in rural areas with labor-pool shortages, “the reality of a tight labor market requires nursing homes to hire immediately because the available supply of nurses will dwindle as the implementation date approaches,” the lawsuit claims.The lawsuit characterizes the new staffing mandate of having a nurse available on a 24/7 basis as “a one-size-fits-all approach,” but acknowledges other elements of the mandate would be based on a care facility’s own assessment of residents’ needs.Although the new rule includes a financial-hardship waiver for homes that can’t afford to meet the new staffing level requirements, the plaintiffs argue that in order to get such a waiver, a home must prove there’s a significant local shortage of health care workers, show evidence of staff recruitment efforts and competitive wages, and document their spending on staffing in relation to their overall revenue.Even then, the plaintiffs argue, a “hardship exemption” can still be denied if a nursing home is designated a “special focus facility” due to major, recurring violations of resident-care standards.Another point of contention referenced in the lawsuit is the new rule’s lack of recognition for the use of licensed practical nurses. The plaintiffs argue that the rule creates an incentive for facilities to fire LPNs and replace them with less skilled certified nurse aides. The rule “pressures long-term care facilities to replace experienced LPNs” with less-qualified new hires, the lawsuit alleges.The lawsuit seeks a declaration by the court that CMS lacks the authority to impose the new requirements as well as orders vacating and setting aside specific requirements such as the 24/7 requirement for a registered nurse.Plaintiffs in the lawsuit include the states of Iowa, Nebraska, Kansas, South Carolina, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, Oklahoma, North Dakota, South Dakota, Utah, Virginia, and West Virginia.Co-plaintiffs include the LeadingAge lobbying and professional associations in Iowa, Nebraska, South Dakota, Kansas, Oklahoma, South Carolina, Missouri, New Jersey, Ohio, Colorado, Delaware, Virginia, Maryland, Pennsylvania, Tennessee and Michigan.The defendants, CMS and the U.S. Department of Health and Human Services, have yet to file a response to the lawsuit. In other, similar lawsuits, such as one filed in Texas by industry officials, the agencies have denied any wrongdoing.Iowa Capital-Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/09/iowa-19-other-states-sue-feds-to-block-staffing-mandates-for-nursing-homes/" target="_blank">produced this story</a>.

Missouri, Kansas sue feds to block staffing mandates for nursing homes

Cattle producers, like other farmers, are generally an optimistic bunch. A Drover’s beef industry survey shows that 64 percent of the respondents remain optimistic about the future. Over half (51 percent) of the producers plan to grow their herd size in the next five years, and another 38 percent will maintain their herd sizes. Parts of the U.S. still face dry conditions, but the situation is better than at this time in 2023. 

Producers are looking to the future, with 59 percent saying they’re planning to add a family member to the operation within the next five years. That number was 54 percent last year. While beef cow inventories continue to stabilize this year, the industry could experience a longer transition period as significant risks mute profit signals that would normally jump-start herd rebuilding efforts. Rabobank is forecasting a stable cow herd between 27.9 and 28.3 million over the next three years.

Cattle producers, like other farmers, are generally an optimistic bunch. A Drover’s beef industry survey shows that 64 percent of the respondents remain optimistic about the future. Over half (51 percent) of the producers plan to grow their herd size in the next five years, and another 38 percent will maintain their herd sizes. Parts of the U.S. still face dry conditions, but the situation is better than at this time in 2023. Producers are looking to the future, with 59 percent saying they’re planning to add a family member to the operation within the next five years. That number was 54 percent last year. While beef cow inventories continue to stabilize this year, the industry could experience a longer transition period as significant risks mute profit signals that would normally jump-start herd rebuilding efforts. Rabobank is forecasting a stable cow herd between 27.9 and 28.3 million over the next three years.-NAFB

Many cattle producers still optimistic about their futures

McDonald’s has filed a lawsuit against Tyson Foods, JBS, and other major meat packing companies. The fast food chain is accusing the packers of colluding for years to limit beef supplies. The suit says that the collusion allowed the companies to boost their profits while forcing their company to pay inflated prices for their meat supplies. McDonald’s says the companies conspired to reduce production levels beginning on January 1, 2024, which would artificially drive up market prices. 

McDonald’s has filed a lawsuit against Tyson Foods, JBS, and other major meat packing companies. The fast food chain is accusing the packers of colluding for years to limit beef supplies. The suit says that the collusion allowed the companies to boost their profits while forcing their company to pay inflated prices for their meat supplies. McDonald’s says the companies conspired to reduce production levels beginning on January 1, 2024, which would artificially drive up market prices.

McDonald’s sues meatpackers for collusion

(Radio Iowa) -&nbsp;Forecasters say the summer-like weather will have a last hurrah today and tomorrow before we fall headlong into the more seasonable chill of autumn, with a frost and freeze likely early next week. 

Meteorologist Craig Cogil, at the National Weather Service, says Iowans are in for a temperature rollercoaster over the next few days. Near-record highs are possible in the 80s, but a cold front will arrive late Friday, pushing in progressively colder air. 

By next Tuesday, Cogil says overnight lows may be in the mid to upper 20s in northern Iowa, to lower 30s in southern Iowa. He says widespread frost and freeze conditions are likely across the state and probably the end of the growing season.

(Radio Iowa) -&nbsp;Forecasters say the summer-like weather will have a last hurrah today and tomorrow before we fall headlong into the more seasonable chill of autumn, with a frost and freeze likely early next week. Meteorologist Craig Cogil, at the National Weather Service, says Iowans are in for a temperature rollercoaster over the next few days. Near-record highs are possible in the 80s, but a cold front will arrive late Friday, pushing in progressively colder air. By next Tuesday, Cogil says overnight lows may be in the mid to upper 20s in northern Iowa, to lower 30s in southern Iowa. He says widespread frost and freeze conditions are likely across the state and probably the end of the growing season.

Enjoy the near-record warmth, as Iowa's first frost is likely next week

St. Joseph Police are investigating a fatal shooting that took place Wednesday night.

The St. Joseph Police Department reports officers responded to a call at 4oth and Commonwealth around 9'o clock Wednesday night.  Police found one victim at the scene, a 39-year-old woman, who was transported to the hospital where she later died.

The St. Joseph Police Department reports no criminal wrongdoing is suspected at this time.

This article has been updated since first reported.

By MATT PIKESt. Joseph PostSt. Joseph Police are investigating a fatal shooting that took place Wednesday night.The St. Joseph Police Department reports officers responded to a call at 4oth and Commonwealth around 9'o clock Wednesday night. Police found one victim at the scene, a 39-year-old woman, who was transported to the hospital where she later died.The St. Joseph Police Department reports no criminal wrongdoing is suspected at this time.This article has been updated since first reported.

St. Joseph Police investigating Wednesday night fatal shooting

Social Security benefits and Supplemental Security Income (SSI) payments for more than 72.5 million Americans will increase 2.5 percent in 2025, the Social Security Administration announced today. On average, Social Security retirement benefits will increase by about $50 per month starting in January, according to a media release from the agency.

Over the last decade the COLA increase has averaged about 2.6 percent. The COLA was 3.2 percent in 2024.

Nearly 68 million Social Security beneficiaries will see a 2.5 percent cost-of-living adjustment (COLA) beginning in January 2025.  Increased payments to nearly 7.5 million people receiving SSI will begin on December 31, 2024. (Note: Some people receive both Social Security benefits and SSI).

“Social Security benefits and SSI payments will increase in 2025, helping tens of millions of people keep up with expenses even as inflation has started to cool,” said Martin O’Malley, Commissioner of Social Security.

Some other adjustments that take effect in January of each year are based on the increase in average wages.  Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) is slated to increase to $176,100 from $168,600.

Social Security begins notifying people about their new benefit amount by mail starting in early December.

This year, for the first time, Social Security beneficiaries will receive a newly designed and improved COLA notice that makes it easier for customers to find the information they need most. The simplified COLA notice is now only one page, uses plain and personalized language, and provides exact dates and dollar amounts of a person’s new benefit amount and any deductions.

Individuals who have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account can view their COLA notice online, which is secure, easy, and faster than receiving a letter in the mail. People can set up text or email alerts when there is a new message--such as their COLA notice--waiting for them in&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>.

People will need to have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account by Nov. 20 to see their COLA notice online. To get started, visit&nbsp;<a href="https://www.ssa.gov/myaccount">www.ssa.gov/myaccount</a>.

Information about Medicare changes for 2025 will be available at&nbsp;<a href="https://www.medicare.gov/">www.medicare.gov</a>. For Social Security beneficiaries enrolled in Medicare, the 2025 benefit amount will be available via&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security's</a>&nbsp;Message Center starting in late November. Those who have not opted to receive messages online will receive their COLA notice by mail in December.

The Social Security Act provides for how the COLA is calculated. The Social Security Act ties the annual COLA to the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as determined by the Department of Labor’s Bureau of Labor Statistics.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1697549458437.png" alt="" />
 <figcaption></figcaption>
 </figure>Social Security benefits and Supplemental Security Income (SSI) payments for more than 72.5 million Americans will increase 2.5 percent in 2025, the Social Security Administration announced today. On average, Social Security retirement benefits will increase by about $50 per month starting in January, according to a media release from the agency.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728570541677.png" alt="" />
 <figcaption></figcaption>
 </figure>Over the last decade the COLA increase has averaged about 2.6 percent. The COLA was 3.2 percent in 2024.Nearly 68 million Social Security beneficiaries will see a 2.5 percent cost-of-living adjustment (COLA) beginning in January 2025.  Increased payments to nearly 7.5 million people receiving SSI will begin on December 31, 2024. (Note: Some people receive both Social Security benefits and SSI).<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728570588387.png" alt="" />
 <figcaption></figcaption>
 </figure>“Social Security benefits and SSI payments will increase in 2025, helping tens of millions of people keep up with expenses even as inflation has started to cool,” said Martin O’Malley, Commissioner of Social Security.Some other adjustments that take effect in January of each year are based on the increase in average wages.  Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) is slated to increase to $176,100 from $168,600.Social Security begins notifying people about their new benefit amount by mail starting in early December.This year, for the first time, Social Security beneficiaries will receive a newly designed and improved COLA notice that makes it easier for customers to find the information they need most. The simplified COLA notice is now only one page, uses plain and personalized language, and provides exact dates and dollar amounts of a person’s new benefit amount and any deductions.Individuals who have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account can view their COLA notice online, which is secure, easy, and faster than receiving a letter in the mail. People can set up text or email alerts when there is a new message--such as their COLA notice--waiting for them in&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>.People will need to have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account by Nov. 20 to see their COLA notice online. To get started, visit&nbsp;<a href="https://www.ssa.gov/myaccount">www.ssa.gov/myaccount</a>.Information about Medicare changes for 2025 will be available at&nbsp;<a href="https://www.medicare.gov/">www.medicare.gov</a>. For Social Security beneficiaries enrolled in Medicare, the 2025 benefit amount will be available via&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security's</a>&nbsp;Message Center starting in late November. Those who have not opted to receive messages online will receive their COLA notice by mail in December.The Social Security Act provides for how the COLA is calculated. The Social Security Act ties the annual COLA to the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as determined by the Department of Labor’s Bureau of Labor Statistics.

Social Security confirms 2025 cost of living increase

It may only be the beginning of fall, but Missouri Department of Transportation snowplow drivers will be out today preparing for the upcoming winter.  

District Maintenance and Traffic Engineer Greg Bolon says drivers will be out starting this morning. 

"We've got new hires that we have to get trained, and this won't be the only event we do either," Bolon tells KFEQ/St. Joseph Post. "So they've got to get some training when it's not snowing and then they also have to get some training the first time it does snow so that we can make sure they're ready to operate the vehicles." 

Bolon says this will be a statewide simulated weather drill, which will include workers also playing out what will actually occur when the first winter storm hits. 

Bolon says these drills are a good training opportunity for new drivers to learn their routes before the snow. 

"So, they can kind of look and see well there's a drop off there in that ditch, so we need to slow down going around this curb, so it really helps get familiar with your route, because it's not something you drive every day," Bolon explains.  

Bolon says it's also a chance to learn technical things such as hooking up the plow and backing into the salt bays to load up 

"So, some of those things that you don't do for eight months, now it kind of gets your mind back into thinking ok winter's coming, I have to start looking for this, I have to start looking for that," Bolon says.  

Bolon says there will be several drills happening prior to the first snowfall, needing to train the around 30 to 40 new hires MoDOT has made since April.  

Bolon says despite all those hirings, there is still a need for more plow drivers. 

"I think we probably have somewhere around 25 vacancies throughout our 20-county area," Bolon points out. "There's quite a few locally in the St. Joe area, I'm going to say around nine to 10, so we are always looking for more operators." 

Bolon says all the trucks are ready to go and the supply of salt is nearly full and ready for the winter. 

By MATT PIKE St. Joseph Post It may only be the beginning of fall, but Missouri Department of Transportation snowplow drivers will be out today preparing for the upcoming winter. District Maintenance and Traffic Engineer Greg Bolon says drivers will be out starting this morning. "We've got new hires that we have to get trained, and this won't be the only event we do either," Bolon tells KFEQ/St. Joseph Post. "So they've got to get some training when it's not snowing and then they also have to get some training the first time it does snow so that we can make sure they're ready to operate the vehicles." Bolon says this will be a statewide simulated weather drill, which will include workers also playing out what will actually occur when the first winter storm hits. Bolon says these drills are a good training opportunity for new drivers to learn their routes before the snow. "So, they can kind of look and see well there's a drop off there in that ditch, so we need to slow down going around this curb, so it really helps get familiar with your route, because it's not something you drive every day," Bolon explains. Bolon says it's also a chance to learn technical things such as hooking up the plow and backing into the salt bays to load up "So, some of those things that you don't do for eight months, now it kind of gets your mind back into thinking ok winter's coming, I have to start looking for this, I have to start looking for that," Bolon says. Bolon says there will be several drills happening prior to the first snowfall, needing to train the around 30 to 40 new hires MoDOT has made since April. Bolon says despite all those hirings, there is still a need for more plow drivers. "I think we probably have somewhere around 25 vacancies throughout our 20-county area," Bolon points out. "There's quite a few locally in the St. Joe area, I'm going to say around nine to 10, so we are always looking for more operators." Bolon says all the trucks are ready to go and the supply of salt is nearly full and ready for the winter.

Missouri Department of Transportation conducting winter weather drill today

Lawmakers question the contribution to campaign committee pushing Amendment 6, which would reinstate fees dedicated to pensions for sheriffs and prosecutors

By RUDI KELLER&nbsp; <a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>

he Missouri Sheriffs’ Retirement System last month made a $30,000 investment, hoping for a big return if voters approve a ballot measure&nbsp;<a href="https://missouriindependent.com/2024/10/04/amendment-would-use-court-fees-to-fund-retirement-for-missouri-sheriffs-prosecutors/">imposing a $3 fee on court cases</a>&nbsp;to fund the system’s pensions.

The $30,000 contribution to the Committee to Ensure a Future for Sheriffs &amp; Prosecutors, the committee promoting Amendment 6 on the Nov. 5 ballot, was approved at the system’s Board of Directors meeting in September, executive director Melissa Lorts said Tuesday.

The donation is drawing concern from critics of the proposed amendment — and even lawmakers in support — who question whether the pension board is using taxpayer dollars to support a political campaign.

The fee on court cases could generate about $2 million annually,&nbsp;<a href="https://senate.mo.gov/FiscalNotes/2024-1/4005S.03T.ORG.pdf" target="_blank">according to a fiscal note</a>&nbsp;for the legislation putting the measure before voters.

Prosecutors, who would also benefit from Amendment 6, have contributed $50,000 from Missouri Prosecutors Association funds. Sheriffs are the biggest contributors, with $100,000 coming from the Missouri Sheriff’s Association in addition to the donation from the retirement fund.

Along with providing the third-largest single contribution to the campaign, the retirement system website is actively promoting passage of the proposal with a&nbsp;<a href="https://sherretmo.com/" target="_blank">box urging a “yes” vote</a>&nbsp;on Amendment 6 and a link to the campaign website.

Lorts is the treasurer of the campaign committee in addition to her duties, which she said are part-time, as fund executive director.

No law is being violated by making the donation, Lorts said.

“I have a legal opinion and these are not public dollars,” Lorts said. “I’m not a political subdivision and they’re not public dollars.”

The legal opinion was not provided in writing, Lorts said. She also said she called the Missouri Ethics Commission and was assured the contribution was legal.

That assurance was not formalized in writing, either, Lorts said.

“My attorney, and I’ve also called Missouri Ethics, says nowhere am I not allowed to do that,” Lorts said.&nbsp;

Stacy Heislen, acting executive director of the ethics commission, declined to comment on any specific conversations.

“Our practice is to provide an overview of what the statute allows,” Heislen said.

Leading members of the legislature’s Joint Committee on Public Employee Retirement weren’t as certain as Lorts that the contributions were unquestionably legal.

State Rep. Barry Hovis, a Cape Girardeau Republican and chairman of the committee, said he would have to know more about the precise source of funds. He said he would ask committee staff to research the question.

“If we think that it’s a Missouri ethics complaint, obviously that report should be made to Missouri ethics to see if they did spend money that’s not viable for a campaign or election,” Hovis said. “I don’t know, I’m just not good enough on the rules to say yes or no on those.”

Hovis, a retired police officer who sponsored the legislation in the Missouri House, said he thinks the fee is reasonable. Sheriffs are vital to the functioning of the courts by serving paperwork, providing security and operating jails, he said.

Another committee member, Senate Minority Leader Doug Beck, an Affton Democrat, said he was also uncertain about the legality of the donation and wanted to know more.

“This doesn’t look good, and that’s where I’m at right now,” Beck said. “I would have to talk to some other folks that are a little bit more knowledgeable about this. I personally don’t like the way it looks.”

The fee in question was added to criminal cases in 1983 and expanded to include municipal court cases in 2013. In 2021, the Missouri Supreme Court&nbsp;<a href="https://www.courts.mo.gov/file.jsp?id=177738" target="_blank">ruled that it was an unconstitutiona</a>l bar to the courts, which are to be&nbsp;<a href="https://revisor.mo.gov/main/OneSection.aspx?section=I++++14&amp;bid=31714&amp;constit=y" target="_blank">open to all</a>&nbsp;and where “justice shall be administered without sale, denial or delay.”

Amendment 6 would overturn that decision&nbsp;<a href="https://www.senate.mo.gov/24info/pdf-bill/tat/SJR71.pdf" target="_blank">by stating</a>&nbsp;that “costs and fees to support salaries and benefits for” sheriffs, former sheriffs, prosecutors and former prosecutors is part of ensuring “that all Missourians have access to the courts of justice…”

Before the Supreme Court decision, the fiscal note for the legislation states, the fee brought about $2 million annually to the pension fund.

The fund in 2023 paid $3.8 million in benefits to&nbsp;<a href="https://sherretmo.com/wp-content/uploads/2024/07/2023-Sheriffs-Retirement-Annual-Report.pdf" target="_blank">147 retired former sheriffs, one disabled former sheriff, and 52 spouses</a>. The administrative costs of $244,454.

There are 17 retired sheriffs eligible for a pension but not receiving it and 115 currently in office.

“My board voted to contribute because it is important to the 200 members that are currently receiving a benefit that will lose their benefit if we do not receive our $3 fee back,” Lorts said.

During calendar year 2023, without the fees, the fund received $89,502 in contributions, had $38.4 million in assets and had lost $15 million in value over the previous two years. A large portion of the loss in value was due to refunding the unconstitutional fee and other costs from litigation.

To shore up its finances, lawmakers this year appropriated $5 million in general revenue to the fund, $2.5 million in the supplemental spending bill for the year ending June 30 and another $2.5 million in the current year.

Since Jan. 1, sheriffs have been contributing 5% of their salaries toward the pension fund.

By making the contribution after receiving state tax dollars, the fund could have violated rules governing the use of state appropriations, said Sharon Jones, an attorney from Jefferson City who was a member of the legal team that forced changes in the ballot language for Amendment 6.

“I’m not surprised by it even a little bit,” Jones said of the contribution.

The legal question is a murky one, she said.&nbsp;

“Our campaign finance laws are pretty Wild West,” she said. “Certainly, there have been attempts over the last couple of years specifically aimed at school boards and county people trying to pass levies to say you can’t campaign for it.”

A state law dating to 1988, and strengthened in 2021, prohibits political subdivisions&nbsp;<a href="https://revisor.mo.gov/main/OneSection.aspx?section=115.646&amp;bid=49862&amp;hl=" target="_blank">from using public funds</a>&nbsp;to support or oppose any ballot measure or candidate. No one interviewed for this story could point to a specific state law applying that prohibition to state departments or entities created by state statute.

Federal law does prohibit the&nbsp;<a href="https://www.justice.gov/archives/jm/criminal-resource-manual-1661-protection-government-property-embezzlement-public-funds" target="_blank">conversion of public funds</a>&nbsp;to campaign purposes.

“If the sheriff’s pension goes under, the state of Missouri is on the hook for those dollars,” Jones said.

Regardless of the law, she said, it is an improper diversion of money away from its official purpose.

“It’s still public money, and it’s still money that is supposed to be used on the administration of the pension fund and to make sure that there is enough to pay out what’s owed when the time comes,” Jones said.

Frank Vatterott, an attorney, former municipal judge in St. Louis County and a critic of the fee, said the $3 fee has nothing to do with keeping the courts open.&nbsp;

Vatterott&nbsp;<a href="https://www.stltoday.com/news/local/metro/messenger-ruling-against-3-surcharge-sends-message-to-missouri-legislature-on-court-costs/article_381981a0-8ab5-5a60-a55b-8368c6ec4c5f.html" target="_blank">refused to collect the fee</a>&nbsp;while he was a judge. The roots of the constitutional prohibition on the fee, he said, date back to the Magna Carta, the 1215 document that put protections for individual rights into a legally binding document for the first time in England.

“The administration of justice just means the cost to keep the court going, to pay the court clerk and pay the judge and do the paperwork,” Vatterott said. “This is not the administration of justice. These are retirement funds.”

Vatterott said he has no doubt that the system’s money is public funds. And he’s not in doubt about the law.

“You can’t use public money for advocacy, period,” he said. “I would imagine they’re not that dumb.”

<h2>Lawmakers question the contribution to campaign committee pushing Amendment 6, which would reinstate fees dedicated to pensions for sheriffs and prosecutors</h2>By RUDI KELLER&nbsp; <a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>he Missouri Sheriffs’ Retirement System last month made a $30,000 investment, hoping for a big return if voters approve a ballot measure&nbsp;<a href="https://missouriindependent.com/2024/10/04/amendment-would-use-court-fees-to-fund-retirement-for-missouri-sheriffs-prosecutors/">imposing a $3 fee on court cases</a>&nbsp;to fund the system’s pensions.The $30,000 contribution to the Committee to Ensure a Future for Sheriffs &amp; Prosecutors, the committee promoting Amendment 6 on the Nov. 5 ballot, was approved at the system’s Board of Directors meeting in September, executive director Melissa Lorts said Tuesday.The donation is drawing concern from critics of the proposed amendment — and even lawmakers in support — who question whether the pension board is using taxpayer dollars to support a political campaign.The fee on court cases could generate about $2 million annually,&nbsp;<a href="https://senate.mo.gov/FiscalNotes/2024-1/4005S.03T.ORG.pdf" target="_blank">according to a fiscal note</a>&nbsp;for the legislation putting the measure before voters.Prosecutors, who would also benefit from Amendment 6, have contributed $50,000 from Missouri Prosecutors Association funds. Sheriffs are the biggest contributors, with $100,000 coming from the Missouri Sheriff’s Association in addition to the donation from the retirement fund.Along with providing the third-largest single contribution to the campaign, the retirement system website is actively promoting passage of the proposal with a&nbsp;<a href="https://sherretmo.com/" target="_blank">box urging a “yes” vote</a>&nbsp;on Amendment 6 and a link to the campaign website.Lorts is the treasurer of the campaign committee in addition to her duties, which she said are part-time, as fund executive director.No law is being violated by making the donation, Lorts said.“I have a legal opinion and these are not public dollars,” Lorts said. “I’m not a political subdivision and they’re not public dollars.”The legal opinion was not provided in writing, Lorts said. She also said she called the Missouri Ethics Commission and was assured the contribution was legal.That assurance was not formalized in writing, either, Lorts said.“My attorney, and I’ve also called Missouri Ethics, says nowhere am I not allowed to do that,” Lorts said.&nbsp;Stacy Heislen, acting executive director of the ethics commission, declined to comment on any specific conversations.“Our practice is to provide an overview of what the statute allows,” Heislen said.<h2>Questions from lawmakers</h2>Leading members of the legislature’s Joint Committee on Public Employee Retirement weren’t as certain as Lorts that the contributions were unquestionably legal.State Rep. Barry Hovis, a Cape Girardeau Republican and chairman of the committee, said he would have to know more about the precise source of funds. He said he would ask committee staff to research the question.“If we think that it’s a Missouri ethics complaint, obviously that report should be made to Missouri ethics to see if they did spend money that’s not viable for a campaign or election,” Hovis said. “I don’t know, I’m just not good enough on the rules to say yes or no on those.”Hovis, a retired police officer who sponsored the legislation in the Missouri House, said he thinks the fee is reasonable. Sheriffs are vital to the functioning of the courts by serving paperwork, providing security and operating jails, he said.Another committee member, Senate Minority Leader Doug Beck, an Affton Democrat, said he was also uncertain about the legality of the donation and wanted to know more.“This doesn’t look good, and that’s where I’m at right now,” Beck said. “I would have to talk to some other folks that are a little bit more knowledgeable about this. I personally don’t like the way it looks.”The fee in question was added to criminal cases in 1983 and expanded to include municipal court cases in 2013. In 2021, the Missouri Supreme Court&nbsp;<a href="https://www.courts.mo.gov/file.jsp?id=177738" target="_blank">ruled that it was an unconstitutiona</a>l bar to the courts, which are to be&nbsp;<a href="https://revisor.mo.gov/main/OneSection.aspx?section=I++++14&amp;bid=31714&amp;constit=y" target="_blank">open to all</a>&nbsp;and where “justice shall be administered without sale, denial or delay.”Amendment 6 would overturn that decision&nbsp;<a href="https://www.senate.mo.gov/24info/pdf-bill/tat/SJR71.pdf" target="_blank">by stating</a>&nbsp;that “costs and fees to support salaries and benefits for” sheriffs, former sheriffs, prosecutors and former prosecutors is part of ensuring “that all Missourians have access to the courts of justice…”Before the Supreme Court decision, the fiscal note for the legislation states, the fee brought about $2 million annually to the pension fund.The fund in 2023 paid $3.8 million in benefits to&nbsp;<a href="https://sherretmo.com/wp-content/uploads/2024/07/2023-Sheriffs-Retirement-Annual-Report.pdf" target="_blank">147 retired former sheriffs, one disabled former sheriff, and 52 spouses</a>. The administrative costs of $244,454.There are 17 retired sheriffs eligible for a pension but not receiving it and 115 currently in office.“My board voted to contribute because it is important to the 200 members that are currently receiving a benefit that will lose their benefit if we do not receive our $3 fee back,” Lorts said.<h2>Public money to shore up pension fund</h2>During calendar year 2023, without the fees, the fund received $89,502 in contributions, had $38.4 million in assets and had lost $15 million in value over the previous two years. A large portion of the loss in value was due to refunding the unconstitutional fee and other costs from litigation.To shore up its finances, lawmakers this year appropriated $5 million in general revenue to the fund, $2.5 million in the supplemental spending bill for the year ending June 30 and another $2.5 million in the current year.Since Jan. 1, sheriffs have been contributing 5% of their salaries toward the pension fund.By making the contribution after receiving state tax dollars, the fund could have violated rules governing the use of state appropriations, said Sharon Jones, an attorney from Jefferson City who was a member of the legal team that forced changes in the ballot language for Amendment 6.“I’m not surprised by it even a little bit,” Jones said of the contribution.The legal question is a murky one, she said.&nbsp;“Our campaign finance laws are pretty Wild West,” she said. “Certainly, there have been attempts over the last couple of years specifically aimed at school boards and county people trying to pass levies to say you can’t campaign for it.”A state law dating to 1988, and strengthened in 2021, prohibits political subdivisions&nbsp;<a href="https://revisor.mo.gov/main/OneSection.aspx?section=115.646&amp;bid=49862&amp;hl=" target="_blank">from using public funds</a>&nbsp;to support or oppose any ballot measure or candidate. No one interviewed for this story could point to a specific state law applying that prohibition to state departments or entities created by state statute.Federal law does prohibit the&nbsp;<a href="https://www.justice.gov/archives/jm/criminal-resource-manual-1661-protection-government-property-embezzlement-public-funds" target="_blank">conversion of public funds</a>&nbsp;to campaign purposes.“If the sheriff’s pension goes under, the state of Missouri is on the hook for those dollars,” Jones said.Regardless of the law, she said, it is an improper diversion of money away from its official purpose.“It’s still public money, and it’s still money that is supposed to be used on the administration of the pension fund and to make sure that there is enough to pay out what’s owed when the time comes,” Jones said.Frank Vatterott, an attorney, former municipal judge in St. Louis County and a critic of the fee, said the $3 fee has nothing to do with keeping the courts open.&nbsp;Vatterott&nbsp;<a href="https://www.stltoday.com/news/local/metro/messenger-ruling-against-3-surcharge-sends-message-to-missouri-legislature-on-court-costs/article_381981a0-8ab5-5a60-a55b-8368c6ec4c5f.html" target="_blank">refused to collect the fee</a>&nbsp;while he was a judge. The roots of the constitutional prohibition on the fee, he said, date back to the Magna Carta, the 1215 document that put protections for individual rights into a legally binding document for the first time in England.“The administration of justice just means the cost to keep the court going, to pay the court clerk and pay the judge and do the paperwork,” Vatterott said. “This is not the administration of justice. These are retirement funds.”Vatterott said he has no doubt that the system’s money is public funds. And he’s not in doubt about the law.“You can’t use public money for advocacy, period,” he said. “I would imagine they’re not that dumb.”

Missouri sheriffs’ pension donates $30K to ballot campaign, sparking concerns

KANSAS CITY– A physical therapist who owns a clinic in California was sentenced in federal court this week for distributing child pornography, according to the United State's Attorney.

Esteban E. Manale, 47, of Hacienda Heights, Calif., was sentenced by U.S. Chief District Judge Beth Phillips to 12 years in federal prison without parole.

Manale, the owner of a physical therapy clinic in Bellflower, Calif., pleaded guilty on May 3, 2024, to three counts of distributing child pornography. Manale admitted that on three separate occasions in August 2022 he sent images of child pornography to an undercover FBI task force officer whom he believed to be a Missouri woman he met online through a dating application.

Manale originally contacted a woman in Missouri on a dating application in August 2022. He told her that he worked at a physical therapy clinic primarily dealing with athletes, including minor females who were cheerleaders and volleyball players. He stated that he would get touchy with the athletes and liked to flirt with all of the girls who came to the clinic, and disclosed that he has had sex with patients at the clinic. He indicated that he liked children and had slept with a 13-year-old girl he met at the beach. He talked about his fascination with Ted Bundy, said he wanted to “use a rope to choke a young one,” use “knife play,” and “rape a young virgin girl while her mom watches me” while the mother is tied up.

The Missouri woman contacted law enforcement. An undercover officer assumed her identity and continued to communicate with Manale. In those conversations, Manale told the undercover officer that he had sexual contact with “preteens about 10 times,” defining them as being between 10 and 13 years old, and claimed to also have sexual contact “with older teens and about 20 plus.” In one communication, Manale claimed that he visited malls to “hunt” for young, cute girls over the weekend.

Manale discussed his desire to come to Kansas City to meet the undercover officer’s purported 8-year-old niece and have her record the encounter. He sent images of child pornography to the undercover officer via social media from Aug. 22, 2022, through Nov. 9, 2022.

On Dec. 14, 2022, law enforcement officers executed a search warrant at Manale’s residence and seized three cell phones. Two of the phones were hidden on top of the bathroom vanity, in a small space that was difficult to access. Investigators found 507 images and 154 videos of child pornography on those two cell phones.

This case was prosecuted by Assistant U.S. Attorney Maureen A. Brackett. It was investigated by the FBI, the Kansas City, Mo., Police Department, and the Los Angeles, Calif., Sheriff’s Department.

KANSAS CITY– A physical therapist who owns a clinic in California was sentenced in federal court this week for distributing child pornography, according to the United State's Attorney.Esteban E. Manale, 47, of Hacienda Heights, Calif., was sentenced by U.S. Chief District Judge Beth Phillips to 12 years in federal prison without parole.Manale, the owner of a physical therapy clinic in Bellflower, Calif., pleaded guilty on May 3, 2024, to three counts of distributing child pornography. Manale admitted that on three separate occasions in August 2022 he sent images of child pornography to an undercover FBI task force officer whom he believed to be a Missouri woman he met online through a dating application.Manale originally contacted a woman in Missouri on a dating application in August 2022. He told her that he worked at a physical therapy clinic primarily dealing with athletes, including minor females who were cheerleaders and volleyball players. He stated that he would get touchy with the athletes and liked to flirt with all of the girls who came to the clinic, and disclosed that he has had sex with patients at the clinic. He indicated that he liked children and had slept with a 13-year-old girl he met at the beach. He talked about his fascination with Ted Bundy, said he wanted to “use a rope to choke a young one,” use “knife play,” and “rape a young virgin girl while her mom watches me” while the mother is tied up.The Missouri woman contacted law enforcement. An undercover officer assumed her identity and continued to communicate with Manale. In those conversations, Manale told the undercover officer that he had sexual contact with “preteens about 10 times,” defining them as being between 10 and 13 years old, and claimed to also have sexual contact “with older teens and about 20 plus.” In one communication, Manale claimed that he visited malls to “hunt” for young, cute girls over the weekend.Manale discussed his desire to come to Kansas City to meet the undercover officer’s purported 8-year-old niece and have her record the encounter. He sent images of child pornography to the undercover officer via social media from Aug. 22, 2022, through Nov. 9, 2022.On Dec. 14, 2022, law enforcement officers executed a search warrant at Manale’s residence and seized three cell phones. Two of the phones were hidden on top of the bathroom vanity, in a small space that was difficult to access. Investigators found 507 images and 154 videos of child pornography on those two cell phones.This case was prosecuted by Assistant U.S. Attorney Maureen A. Brackett. It was investigated by the FBI, the Kansas City, Mo., Police Department, and the Los Angeles, Calif., Sheriff’s Department.

Physical therapist sent child porn to KCPD undercover officer

(Radio Iowa) -&nbsp;The Fort Dodge man who was accused of killing his father was sentenced Tuesday to life in prison without the possibility of parole.

 Twenty-six-year-old Alec Jones was convicted of first-degree murder in the death of 55-year-old Dennis Jones last April at his home in Fort Dodge. The body of Dennis Jones was dumped in a ditch in rural Webster County. A Webster County jury deliberated for two hours before finding Jones guilty of first-degree murder in August. 

The trial of Alec Jones' younger brother Nathan is set to begin next May. He is charged with aiding and abetting first-degree murder in the incident.

(Radio Iowa) -&nbsp;The Fort Dodge man who was accused of killing his father was sentenced Tuesday to life in prison without the possibility of parole. Twenty-six-year-old Alec Jones was convicted of first-degree murder in the death of 55-year-old Dennis Jones last April at his home in Fort Dodge. The body of Dennis Jones was dumped in a ditch in rural Webster County. A Webster County jury deliberated for two hours before finding Jones guilty of first-degree murder in August. The trial of Alec Jones' younger brother Nathan is set to begin next May. He is charged with aiding and abetting first-degree murder in the incident.

Convicted in his father's murder, Fort Dodge man gets mandatory life term

Dozens of historic military vehicles will travel through St. Joseph this week as part of a 2500 mile journey retracing the original route of the 1918 Jefferson Highway. 

Military Vehicle Preservation Association spokesman, Raymond Bliley, says the journey began in Canada, "The route is from this side of the border of Winnipeg, and going 2,500 miles to New Orleans." Bliley notes this is the eighth time the MVPA has hosted such an event.

Bliley says the convoy will be in St. Joseph Thursday afternoon at Hyvee. "They'll travel down the Belt Highway and be at Hyvee around 4:30 or 5:00."

Bliley adds that residents interested in seeing the vehicles and speaking with the drivers have the opportunity to do so. "The parking lot is going to be pretty tight with 35 or 40 military vehicles. However, they will be available for people to come see them and ask questions. Its going to be a good time."

The convoy will be setup at Hyvee overnight Thursday. Then, on Friday morning the military convoy will make a brief stop at the Pony Express Museum, before heading to Weston and Leavenworth, eventually concluding in New Orleans.

This convoy is a collaborative effort with the MVPA and the Jefferson Highway Association.

For more information visit <a href="https://www.mvpa.org/">mvpa.org</a>.

By Ryan SkaithSt. Joseph PostDozens of historic military vehicles will travel through St. Joseph this week as part of a 2500 mile journey retracing the original route of the 1918 Jefferson Highway. Military Vehicle Preservation Association spokesman, Raymond Bliley, says the journey began in Canada, "The route is from this side of the border of Winnipeg, and going 2,500 miles to New Orleans." Bliley notes this is the eighth time the MVPA has hosted such an event.Bliley says the convoy will be in St. Joseph Thursday afternoon at Hyvee. "They'll travel down the Belt Highway and be at Hyvee around 4:30 or 5:00."Bliley adds that residents interested in seeing the vehicles and speaking with the drivers have the opportunity to do so. "The parking lot is going to be pretty tight with 35 or 40 military vehicles. However, they will be available for people to come see them and ask questions. Its going to be a good time."The convoy will be setup at Hyvee overnight Thursday. Then, on Friday morning the military convoy will make a brief stop at the Pony Express Museum, before heading to Weston and Leavenworth, eventually concluding in New Orleans.This convoy is a collaborative effort with the MVPA and the Jefferson Highway Association.For more information visit <a href="https://www.mvpa.org/">mvpa.org</a>.

Historic military vehicle convoy traveling through St. Joseph this week

A packed crowd is going to be on hand at Kauffman Stadium this evening as the Kansas City Royals take on the New York Yankees in Game 3 of the American League Division Series.&nbsp;

The game marks the first postseason game at 'The K' since October 28th, 2015, when the Royals took a 2-0 World Series lead on the New York Mets behind a two hit complete game from starting pitcher Johnny Cueto.

After a week-plus spent handling their postseason business while living out of suitcases, the Royals can’t wait to enjoy some home cooking.

“We’re looking forward to getting back to the K, seeing the fans there,” said left-hander Cole Ragans. “It's going to be fun to have playoff baseball back in Kansas City. A split [in New York] is huge. It's basically like a brand-new series when we get to the K.”

After some rocky pitching in Game 1 of the series, the Royals pitching staff locked things down in Game 2, giving up just two runs on seven hits, while walking five, three less walks than in the first game.&nbsp;

&nbsp;Seth Lugo takes the ball in Game 3 and will look to build on his first postseason start in the Wild Card Series, when he allowed one run in 4 1/3 innings against the Orioles. Lugo brings a 3.00 regular-season ERA into the postseason as Kansas City’s No. 2 starter, and he posted a 3.36 ERA at Kauffman Stadium this year in his first season as a Royal. With the Royals playing their first home postseason game this year and first since 2015, they like their chances with the veteran Lugo on the mound, especially after he allowed just four runs in 14 innings this year across two starts against the Yankees.

For the Yankees,&nbsp; Clarke Schmidt will make his first career postseason start (fourth appearance) after pitching to a 5-5 record and 2.85 ERA in 16 starts this season. Schmidt’s campaign was interrupted by a right lat strain, but he returned in early September and pitched to a 3.65 ERA over his final five starts. Schmidt did not face the Royals this season.

The Yankees are going back to a righty starter in Schmidt, so look for the Royals to revert back to the lineup they’ve stuck with for the majority of games this October. Hunter Renfroe and Tommy Pham have both faced Schmidt only a few times in their careers, and Renfroe has the better results, but Pham’s at-bats so far this series might give him the edge.

With Kansas City starting the right-handed Lugo, look for the Yanks to field a similar lineup to the one they used against Michael Wacha in Game 1.

Game 3 of the ALDS will begin with first pitch at 6:08, pregame can be heard starting at 5:30pm on KFEQ (680AM/95.3FM). The game will be televised on TBS and TruTV, and will be streamed on Max.

By MATT PIKESt. Joseph PostA packed crowd is going to be on hand at Kauffman Stadium this evening as the Kansas City Royals take on the New York Yankees in Game 3 of the American League Division Series.&nbsp;The game marks the first postseason game at 'The K' since October 28th, 2015, when the Royals took a 2-0 World Series lead on the New York Mets behind a two hit complete game from starting pitcher Johnny Cueto.After a week-plus spent handling their postseason business while living out of suitcases, the Royals can’t wait to enjoy some home cooking.“We’re looking forward to getting back to the K, seeing the fans there,” said left-hander Cole Ragans. “It's going to be fun to have playoff baseball back in Kansas City. A split [in New York] is huge. It's basically like a brand-new series when we get to the K.”After some rocky pitching in Game 1 of the series, the Royals pitching staff locked things down in Game 2, giving up just two runs on seven hits, while walking five, three less walks than in the first game.&nbsp;&nbsp;Seth Lugo takes the ball in Game 3 and will look to build on his first postseason start in the Wild Card Series, when he allowed one run in 4 1/3 innings against the Orioles. Lugo brings a 3.00 regular-season ERA into the postseason as Kansas City’s No. 2 starter, and he posted a 3.36 ERA at Kauffman Stadium this year in his first season as a Royal. With the Royals playing their first home postseason game this year and first since 2015, they like their chances with the veteran Lugo on the mound, especially after he allowed just four runs in 14 innings this year across two starts against the Yankees.For the Yankees,&nbsp; Clarke Schmidt will make his first career postseason start (fourth appearance) after pitching to a 5-5 record and 2.85 ERA in 16 starts this season. Schmidt’s campaign was interrupted by a right lat strain, but he returned in early September and pitched to a 3.65 ERA over his final five starts. Schmidt did not face the Royals this season.The Yankees are going back to a righty starter in Schmidt, so look for the Royals to revert back to the lineup they’ve stuck with for the majority of games this October. Hunter Renfroe and Tommy Pham have both faced Schmidt only a few times in their careers, and Renfroe has the better results, but Pham’s at-bats so far this series might give him the edge.With Kansas City starting the right-handed Lugo, look for the Yanks to field a similar lineup to the one they used against Michael Wacha in Game 1.Game 3 of the ALDS will begin with first pitch at 6:08, pregame can be heard starting at 5:30pm on KFEQ (680AM/95.3FM). The game will be televised on TBS and TruTV, and will be streamed on Max.

Royals seek series lead in first playoff home game since '15 against Yankees

BY:&nbsp;<a href="https://kansasreflector.com/author/akaminski/">ANNA KAMINSKI</a>&nbsp; <a href="https://kansasreflector.com/">Kansas Reflector</a>

TOPEKA — A Shawnee County judge rejected a lawsuit from Aetna Better Health of Kansas, which sued the state earlier this year after it was passed over as one of Kansas’ three Medicaid insurance providers.

In a 50-page decision, Shawnee County District Judge Thomas Luedke upheld the decision by Todd Herman, director of procurement and contracts in the Department of Administration, not to renew the contract for Medicaid services that Aetna has provided for the past five years.

The state announced in May that it selected three private companies, excluding Aetna, from seven bidders to provide coverage under KanCare, as Medicaid is known in Kansas, beginning in January. In the state’s evaluation process, Aetna had tied for third with Healthy Blue. State officials destroyed documentation of scoring notes that were used by evaluators to inform their selection of Healthy Blue, a Blue Cross Blue Shield affiliate, over Aetna.

In response, Aetna filed two lawsuits in Shawnee County District Court. One, filed in July and decided Oct. 1, challenged the decision itself. Another, filed in June, was an effort to challenge the state’s destruction of documents and awaits a ruling. The judge’s Oct. 1 decision came a day before the deadline for Aetna to notify its beneficiaries that it will no longer be a provider under KanCare.

Luedke wrote that the scoring process that evaluated each provider bidding for a multimillion dollar KanCare contract is “highly technical.”

“The Court is reluctant, and for the most part unable, to substitute its untutored judgment for that of the scoring officials,” Luedke wrote in his decision. “Nothing in Director Herman’s consideration of this issue was unreasonable, arbitrary or capricious.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728494523637.jpeg" alt=" Shawnee County District Judge Thomas Luedke upheld the state's decision to drop Aetna as a Medicaid services provider. (Sherman Smith/Kansas Reflector)" />
 <figcaption> Shawnee County District Judge Thomas Luedke upheld the state's decision to drop Aetna as a Medicaid services provider. (Sherman Smith/Kansas Reflector)</figcaption>
 </figure>BY:&nbsp;<a href="https://kansasreflector.com/author/akaminski/">ANNA KAMINSKI</a>&nbsp; <a href="https://kansasreflector.com/">Kansas Reflector</a>TOPEKA — A Shawnee County judge rejected a lawsuit from Aetna Better Health of Kansas, which sued the state earlier this year after it was passed over as one of Kansas’ three Medicaid insurance providers.In a 50-page decision, Shawnee County District Judge Thomas Luedke upheld the decision by Todd Herman, director of procurement and contracts in the Department of Administration, not to renew the contract for Medicaid services that Aetna has provided for the past five years.The state announced in May that it selected three private companies, excluding Aetna, from seven bidders to provide coverage under KanCare, as Medicaid is known in Kansas, beginning in January. In the state’s evaluation process, Aetna had tied for third with Healthy Blue. State officials destroyed documentation of scoring notes that were used by evaluators to inform their selection of Healthy Blue, a Blue Cross Blue Shield affiliate, over Aetna.In response, Aetna filed two lawsuits in Shawnee County District Court. One, filed in July and decided Oct. 1, challenged the decision itself. Another, filed in June, was an effort to challenge the state’s destruction of documents and awaits a ruling. The judge’s Oct. 1 decision came a day before the deadline for Aetna to notify its beneficiaries that it will no longer be a provider under KanCare.Luedke wrote that the scoring process that evaluated each provider bidding for a multimillion dollar KanCare contract is “highly technical.”“The Court is reluctant, and for the most part unable, to substitute its untutored judgment for that of the scoring officials,” Luedke wrote in his decision. “Nothing in Director Herman’s consideration of this issue was unreasonable, arbitrary or capricious.”At a Sept. 17 hearing, Luedke likened the scoring notes to jury notes, which are commonly destroyed after a verdict is issued.Court documents show Aetna beat out Healthy Blue in two evaluation areas, integrated whole person care and quality assurance, but the two had even scores overall. However, Healthy Blue topped Aetna in the remaining five categories. Handwritten notes showed decision-makers had concerns about Aetna’s “unresolved issues” in Kansas and other Medicaid states. But concerns were noted about Healthy Blue, too, including one that said it was “discouraging to see lack of initiative” from Healthy Blue.The state signed contracts May 10 with Healthy Blue, United Healthcare and Sunflower Health Plan. Aetna then protested the decision, alleging the state used unstated and objective evaluation criteria, cherry-picked the criteria to break the tie between Aetna and Healthy Blue and ignored Healthy Blue’s alleged&nbsp;<a href="https://kansasreflector.com/2024/06/26/kansas-legislative-committee-jumps-into-battle-over-selection-of-medicaid-contractors/">conflicts of interest</a>.“The State’s method of evaluating these scores was well within the scope of its expertise and discretion,” Luedke wrote. “The way the review was conducted should have been no surprised (sic) to any of the bidders.”

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