Schmidt’s office, Sunshine Coalition to offer training on open government laws

KANSAS CITY, KAN. ---- The Kansas Attorney General’s Office and the Sunshine Coalition for Open Government will offer a free training session on Kansas open records and open meetings laws in Topeka next month, Attorney General Derek Schmidt announced today.

The training session will be Tuesday, September 1, from 1 to 4 p.m. in the Memorial Hall Auditorium, 120 S.W. 10th Ave. Those wishing to attend should register on the attorney general’s website at www.ag.ks.gov or call (785) 296-2215.

For the past six years, the attorney general’s office and the Sunshine Coalition have provided a week of training about open government laws at locations throughout the state. But a new law passed earlier this year by the Legislature places formal responsibility on the attorney general’s office to provide and coordinate training on Kansas open government laws as well as to step up enforcement of violations. During this transition, the attorney general’s office is again coordinating a training series with the Sunshine Coalition to include several trainings to be held over the course of the fiscal year that will end June 30, 2016.

“Many violations of the law are unintentional and can be avoided through proper training,” Schmidt said. “As we move toward expanded training opportunities and enforcement required under the new statute, I encourage elected officials, public employees and members of the media and general public to attend this training to learn more about what is required under these laws.”

The training about the Kansas Open Records Act and the Kansas Open Meetings Act will be conducted by attorneys in Schmidt’s office who specialize in open government laws. Panelists will include Kansas Sunshine Coalition members, local government officials and media representatives.

Schmidt said his office will announce additional training opportunities at other locations in the state in coming months.

Schmidt: Roofer banned from doing business in Kansas

A Derby roofer has been banned from doing business in Kansas after failing to register with the attorney general’s office or respond to a lawsuit filed in May, Kansas Attorney General Derek Schmidt said today.

In a default judgment entered in Mitchell County District Court, Chief Judge Kim W. Cudney ordered Mike’s General Contracting, LLC, to pay a $40,000 civil penalty and permanently enjoined the company from performing roofing services in Kansas without a registration certificate from the attorney general’s office.

The company is registered to Phong “Mike” Nguyen of Derby, according to records filed with the Secretary of State’s office.

Schmidt files lawsuit asking court to overturn ‘Waters of the U.S.’ rule

KANSAS CITY, KAN. ---- Kansas Attorney General Derek Schmidt announced today that he has joined eight other state attorneys general in a lawsuit asking a federal court to overturn new water regulations that could significantly extend the regulatory reach of the federal government onto Kansas private property.

The regulations, known generally as the “Waters of the U.S.” rule, would extend the EPA and Army Corps of Engineers’ regulatory reach into small waterways, ditches and ponds on Kansas farms, ranches and land developments.

This new rule would have significant consequences for homeowners, farmers and other entities by forcing them to navigate a complex federal bureaucracy and obtain costly permits in order to perform everyday tasks such as digging ditches, building fences or spraying fertilizers.

“Congress never intended for the federal government to regulate ditches or farm ponds,” Schmidt said. “This regulation grossly exceeds the authority granted to federal agencies by the Clean Water Act – authority that rightfully belongs to the states and that is limited by private property rights protected by the Constitution.”

In the complaint filed today in U.S. District Court for the Southern District of Georgia, the attorneys general of Kansas, Alabama, Florida, Georgia, Kentucky, South Carolina, Utah, West Virginia and Wisconsin argue the final rule put forward by the EPA and Corps of Engineers violates the Clean Water Act, the Administrative Procedure Act and the U.S. Constitution, and usurps the states’ primary responsibility for the management, protection and care of intrastate waters and lands.

The complaint asks a federal judge to declare the rule illegal and issue an injunction to prevent the agencies from enforcing it. It also asks the judge to order the agencies to draft a new rule that complies with the law and honors state authority.

A copy of the complaint is available at http://1.usa.gov/1U4xXLR .

Kansas Attorney General Derek Schmidt launches statewide human trafficking awareness billboard campaign

KANSAS CITY, KAN. ----- Attorney General Derek Schmidt today announced a statewide billboard campaign to raise awareness and reporting of human trafficking.

Schmidt’s office is partnering with Clear Channel Outdoors and Lamar Advertising to raise awareness of this crime and encourage the public to report suspicious activity to the National Human Trafficking Resource Center (NHTRC) hotline.

The public awareness campaign is aimed at reaching both trafficking victims who may be unaware that resources exist to help them and community members who can help identify suspicious activity.

Clear Channel Outdoors and Lamar Advertising are donating space on several of their digital billboards across the state to promote the NHTRC hotline. Clear Channel Outdoors and Lamar also are leveraging traditional (printed) billboards and posters in the campaign to target the audiences and deliver the messages with high frequency.

Schmidt praises passage of human trafficking bill

KANSAS CITY, KAN. ----- Legislation approved yesterday by the Legislature will strengthen support for some victims of human trafficking, Kansas Attorney General Derek Schmidt said.

Schmidt praised legislators of both political parties for their unanimous show of support for human trafficking victims. The bill passed the House of Representatives 111- 0 and the Senate 37- 0.

“Kansas has made tremendous strides in its commitment to combat human trafficking,” Schmidt said. “Just a decade ago, our state did not even have an anti-trafficking law. Today, we have one of the strongest laws in the country, and this new legislation will further strengthen it.”

The new legislation allows human trafficking victims to file civil actions against traffickers to seek damages for personal and psychological injury. In addition, the bill requires a sentencing court to order a person convicted of human trafficking to pay restitution to the victim.

If the victim does not claim the restitution within five years, the funds will go to support other trafficking victims through the Human Trafficking Victim Assistance Fund.

The Human Trafficking Victim Assistance Fund, administered by the Office of Attorney General’s Victim Services Division provides funding for support, care, treatment and other services for victims of human trafficking and commercial sexual exploitation of a child.

In Fiscal Year 2014, 20 grantees from the attorney general’s office located in 15 communities across Kansas reported serving 352 victims of human trafficking.

Human trafficking is the second-largest and the fastest-growing criminal industry in the world. It is based on recruiting, harboring and transporting people solely for the purpose of exploitation.

The legislation approved yesterday by the Legislature, Senate Bill 113, was proposed by Attorney General Schmidt in February. It will now be presented to the governor for his consideration.

AG Schmidt announces settlement with Classmates, Inc., and FTD

KANSAS CITY, KAN. ---- Attorney General Derek Schmidt announced today that Classmates, Inc., along with Florists’ Transworld Delivery, Inc. and FTD.com Inc. (collectively “FTD”) have agreed to pay refunds to consumers who lost money because of the companies' misleading advertising and billing practices.

Kansas and Maryland led a group of 22 state attorneys general in the investigation of the companies' practices. 

The attorneys general allege Classmates and FTD engaged in misleading, unfair and deceptive practices in violation of state consumer protection laws resulting in charges the consumers did not intend to incur.

Today’s agreement includes a number of terms to ensure that consumers knowingly consent to the purchase of any membership program offered by a marketing partner of Classmates or FTD, including the following injunctive terms:

A prohibition against misrepresenting the reason for requesting a consumer’s account information.

• Classmates/FTD’s marketing partners cannot use FTD and Classmates’ names or logos in the title of a membership program, and any offer must be made after the consumers have concluded their transactions with Classmates or FTD, in order to ensure that consumers understand they are receiving a separate and distinct offer from a company other than FTD and Classmates.

• Before consumers are transferred to a marketing partner to receive a trial offer, the consumers must receive clear and conspicuous disclosures informing them that they will be transferred to another site to receive a membership offer and the consumers must consent to the transfer.

• Classmates/FTD and its marketing partners cannot state an offer is “free” or “risk free” if the offered program will convert to a paid subscription.

• Classmates/FTD are generally prohibited from making misrepresentations and material omissions, including making any misrepresentations concerning the reason or purpose for which a consumer is receiving an offer for enrollment in a membership program.

“Consumers have a right to know what services they are signing up for and to be clearly informed about the cost of those services,” Schmidt said. “This settlement represents our continued efforts to return money to consumers for charges they didn’t know they were signing up for and were often unable to cancel.”

Under today’s settlement, Classmates has agreed to make significant changes to its business practices, including more clearly disclosing to consumers that their Classmates subscriptions will automatically renew and making it easier for consumers to cancel their subscriptions.

The Classmates settlement includes a restitution program for eligible consumers. Kansas consumers who were enrolled in a Classmates subscription service without authorization or who experienced difficulty when trying to cancel their subscription, since January 1, 2008, should file a complaint with the attorney general’s office consumer protection division online at www.InYourCornerKansas.org or by calling 1-800-432-2310.

Complaints must be filed within 90 days to meet eligibility requirements. Consumers who previously filed complaints regarding Classmates’ renewal and cancellation practices may also receive restitution under this settlement.

Kansas and Maryland led this investigatory effort along with attorneys general from Alabama, Alaska, Delaware, Florida, Idaho, Illinois, Maine, Michigan, Nebraska, New Jersey, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Texas, Vermont, Washington and Wisconsin.

Kansas Attorney General Schmidt sues ‘cancer charities ’ alleging fraud

KANSAS CITY, KAN. ----- Attorney General Derek Schmidt today announced that his office has filed a federal lawsuit against four “cancer charities” and their operators, who allegedly scammed more than $187 million from consumers across the country.

Schmidt, along with law enforcement partners from every state in the nation, the District of Columbia, and the Federal Trade Commission, filed the lawsuit yesterday in the U.S. District Court for the District of Arizona.

The complaint alleges that the defendants, including Cancer Fund of America, Children’s Cancer Fund of America, Cancer Support Services and the Breast Cancer Society, portrayed themselves to donors as legitimate charities with nationwide programs whose primary purposes were to provide direct support to cancer patients, children with cancer, and breast cancer patients in the United States.

Victim assistance grant opportunities open for application

KANSAS CITY, KAN. ----- Five grant programs serving victims of crime across Kansas are open for application, Kansas Attorney General Derek Schmidt announced today.

Nearly $2 million in grant funds are distributed each year from five different state programs through the office of the attorney general.

Funds are used to assist local and state crime victim assistance organizations across Kansas in providing direct services to crime victims, as well as in developing prevention programs to address violence.

Schmidt: Verizon, Sprint customers in Kansas eligible for refunds under national settlement

KANSAS CITY, KAN. ---- Verizon and Sprint customers in Kansas who were charged for third-party services on their mobile phone bills without their consent are eligible to receive refunds as part of a multi-state settlement reached today, Kansas Attorney General Derek Schmidt said.

The national settlement announced today was reached between Verizon, Sprint and the attorneys general of Kansas and 49 other states and the District of Columbia, the Consumer Financial Protection Bureau and the Federal Communications Commission.

It resolves allegations that Verizon and Sprint placed charges on consumers’ mobile phone bills for third-party services that had not been authorized by the consumer, a practice known as “mobile cramming.”

This settlement follows similar settlements reached with AT&T and T-Mobile last year.

Schmidt: Kansas part of effort to halt massive robocall operation

KANSAS CITY, KAN. – A Florida robo-calling operation that illegally sold cruise vacations under the guise of political surveys has been shut down, Kansas Attorney General Derek Schmidt said today.

Schmidt, along with the attorneys general of nine other states and the Federal Trade Commission reached a settlement with Caribbean Cruise Line, Inc., requiring the company to cease its abusive telemarketing practices and imposing a penalty of $500,000. Kansas will receive approximately $20,000 as a result of the settlement.

The attorney general’s consumer protection division initiated an investigation in 2012 into the company’s practices after receiving multiple complaints by Kansas consumers. More than 80 Kansans complained about the company between 2010 and 2013.

Schmidt: 227 crime victims to receive support

KANSAS CITY, KAN.  – The Kansas Crime Victims Compensation Board yesterday awarded financial assistance to 227 victims of violent crime at its February meeting, Kansas Attorney General Derek Schmidt said.

Awards were made in 124 new cases. Additional expenses were paid in 103 previously submitted cases.
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The awards totaled  $290,899.77.

Schmidt asks petroleum companies to eliminate synthetic drugs from retail stores

KANSAS CITY, KAN. – Kansas Attorney General Derek Schmidt and 42 other state and territorial attorneys general today asked nine petroleum companies to collaborate with their franchisees to eliminate synthetic drugs from retail locations operating under their brand names, including gas stations and convenience stores.

Synthetic drugs are chemical alternatives to cocaine, marijuana and methamphetamine. They are illegal and are often just as dangerous, if not more so, than the substances they mimic.

Manufacturers of synthetic drugs seek to evade state and federal law by creating chemical compounds not yet specifically regulated or prohibited in the United States.

Kansas Attorney General's office warns of invoice scam

KANSAS CITY, KAN. ---- Kansas Attorney General Derek Schmidt today warned consumers to be on the lookout for fake invoices for services or products not ordered.

They are likely being generated from disreputable companies perpetrating fraud.

Schmidt asks school-funding panel for clarity

KANSAS CITY, KAN. ---- Kansas Attorney General Derek Schmidt today formally asked the three-judge panel in the state school finance litigation to provide a clear explanation of what information it relied on to reach its conclusion last month that the state’s funding of public schools is inadequate.

Schmidt filed a motion asking the panel to “alter and amend” its December 30, 2014, order so that it complies with the Kansas Supreme Court’s instruction for the panel to engage in fact-finding as to the state’s school-funding system.

California direct marketing company banned from operating in Kansas

KANSAS CITY, KAN. – A California-based direct marketing company has been banned from doing business in Kansas and from contacting Kansas consumers until it cooperates with the attorney general’s investigation into its business practices, Kansas Attorney General Derek Schmidt said today.

In a lawsuit filed in Shawnee County District Court last month, Schmidt accused Peter B. Tolman II, d/b/a Leads Direct Marketing of Oakley, Calif., of violating the Kansas No Call Act.

Schmidt sues New Jersey company for falsely billing Kansas public schools

KANSAS CITY, KAN. – Kansas Attorney General Derek Schmidt has filed suit against a New Jersey company that sent false invoices for textbooks that were never purchased or delivered to at least 317 Kansas public schools.

In a lawsuit filed yesterday, Schmidt asked the Shawnee County District Court to order Robert Armstrong, an individual doing business as Scholastic School Supply of Franklinville, N.J., to pay a $634,000 civil penalty for multiple violations of the Kansas False Claims Act.

AG Schmidt: Grassroots reelection campaign reaches every county

NEWS RELEASE:

KANSAS CITY, KAN. ----- The grassroots campaign to reelect Derek Schmidt to a second term as Kansas attorney general is organized and working in all 105 counties, the campaign announced today. 

Schmidt’s campaign has local chairs volunteering in each of the state’s 105 counties. In each county, the local chair is the campaign’s principal liaison between local citizens and the statewide campaign organization. 

“Elections are about voters,” Schmidt said. “Our campaign is focused on being engaged with voters at the grassroots level in every part of Kansas.” 

Earlier this month, Schmidt also completed personal visits to all 105 counties, his third 105-county tour. 

The local chairs for Schmidt’s reelection campaign are: 

Allen	Jim Talkington, Iola
Anderson	Scott Cooper, Garnett
Atchison	Andrew Werring, Atchison
Barber	Gaten Wood, Sharon
Barton	Mark Calcara, Great Bend
Bourbon	Anne Emerson, Fort Scott
Brown	Annette Wilson, Hiawatha
Butler	Anna and Gene Miller, Andover
Chase	Charlie Rayl, Strong City
Chautauqua	Dick and Nita Jones, Sedan
Cherokee	Jake Conard, Baxter Springs
Cheyenne	Bonnie Cram, Saint Francis
Clark	Jim Harden, Ashland
Clay	Mark Taddiken, Clifton
Cloud	Dana Brewer, Concordia
Coffey	Gene Merry, Burlington
Comanche	Sandy Hoffman, Coldwater
Cowley	Dwight Keen, Winfield
Crawford	Pam Henderson, Pittsburg
Decatur	Marilyn Horn, Oberlin
Dickinson	Phyllis and Bill Peterson, Abilene
Doniphan	Howard Jensen, Wathena
Douglas	Clint Hornberger, Baldwin City
Edwards	David Cross, Lewis
Elk	Lynn Perkins, Howard
Ellis	Lance Russell, Hays
Ellsworth	Sarah Goss, Kanopolis
Finney	Gerry Schultz, Garden City Jeff Whitham, Garden City
Ford	Jeanie Zortman, Dodge City
Franklin	John Coen, Wellsville Frank and Cindy Hamilton, Williamsburg
Geary	Carolyn Gaston, Milford
Gove	Bill Prather, Gove
Graham	Karen Aldridge, Hill City
Grant	Lynda Fort, Ulysses
Gray	Kathleen Holt, Cimarron
Greeley	Christy Hopkins, Tribune
Greenwood	Carol Ann Flock, Madison
Hamilton	Joe Gould, Syracuse
Harper	Sue Poor, Anthony
Harvey	Alex Williams, Halstead
Haskell	Clint Stalker, Satanta
Hodgeman	Larry Salmans, Hanston
Jackson	Janelle Wareham, Holton
Jefferson	Travis Oliver, Perry
Jewell	Keith Roe, Mankato
Johnson	Karin Brownlee, Olathe Greg Musil, Overland Park
Kearny	Rep. Russ Jennings, Lakin
Kingman	Clark Boyer, Kingman
Kiowa	Sue Greenleaf-Taylor, Greensburg
Labette	Mike Howerter, Parsons
Lane	Dale Pike, Dighton
Leavenworth	Todd Thompson, Leavenworth
Lincoln	Robert White, Lincoln
Linn	Becky Johnson, Parker
Logan	Ron Clark, Oakley
Lyon	Sen. Jeff Longbine, Emporia
Marion	Todd Heitschmidt, Marion
Marshall	Jeff Sutton, Marysville
McPherson	David Harger, McPherson
Meade	Boyd Orr, Fowler
Miami	George Pretz, Paola
Mitchell	Craig Concannon, Beloit
Montgomery	Rep. Jim Kelly, Independence Monte Coffman, Coffeyville
Morris	Rita Noll, Council Grove
Morton	Clifford Blackmore, Elkhart
Nemaha	Ray Shinn, Seneca
Neosho	Bob Ames, Chanute
Ness	Diz Washaliski, McCracken
Norton	Karen Griffiths, Norton
Osage	Daresa Prescott, Osage City
Osborne	Gary and Glennys Doane, Downs
Ottawa	Steve Baccus, Minneapolis
Pawnee	Lovella Smith, Larned
Phillips	Doyle Rahjes, Agra
Pottawatomie	Jud and Barb Jones, Manhattan
Pratt	John Beverlin, Pratt
Rawlins	Matt Wolters, Atwood
Reno	Kirk Johnson, Hutchinson
Republic	Clay Aurand, Belleville
Rice	Jerry Minix, Lyons
Riley	Joe Knopp, Manhattan
Rooks	Chris Kollman, Stockton
Rush	Carol Wagner, Rush Center
Russell	Mick Allen, Russell
Saline	Tracey Mann, Salina
Scott	Jeff Heyd, Scott City
Sedgwick	Steve Martens, Wichita Harvey Sorensen, Eastborough
Seward	Joe Denoyer, Liberal
Shawnee	Margie Canfield, Topeka
Sheridan	David Leopold, Hoxie
Sherman	Marlyn Manges, Goodland
Smith	Larry Lambert, Smith Center
Stafford	Carolyn Dunn, St. John
Stanton	Karla Dimitt, Syracuse
Stevens	Erick Nordling, Hugoton
Sumner	Kelley Edgar, Wellington
Thomas	Joshua Faber, Colby
Trego	Bernie Giefer, WaKeeney
Wabaunsee	Ken Flagler, Maple Hill
Wallace	Beau Larson, Sharon Springs
Washington	Debra Schlabach, Hanover
Wichita	Dorene Reimer, Leoti
Wilson	Francie Currie, Neodesha Kris Marple, Benedict
Woodson	Shelia and Don Lampe, Piqua
Wyandotte	Mark & JoAnne Gilstrap, Kansas City

ELECTION NEWS: Schmidt announces endorsements

News Release:

More than three dozen local prosecutors are publicly backing Derek Schmidt for a second term as attorney general, the campaign announced today.

Schmidt’s campaign released a list of 39 county and district attorneys, all locally elected, who are publicly supporting Schmidt’s reelection as attorney general. The list includes both Republican and Democrat prosecutors.

“We’ve worked hard to improve public safety and strengthen prosecution in Kansas,” Schmidt said. “I’m grateful to have the support of local prosecutors in this reelection campaign, and I look forward to continuing to work closely with our state’s county and district attorneys.”

The county and district attorneys announcing their support for Schmidt’s reelection are:

Gerald Kuckelman, Atchison County Attorney

Gaten Wood, Barber County Attorney

Darrin Devinney, Butler County Attorney

Larry Markle, Chautauqua and Montgomery County Attorney

Nathan Coleman, Cherokee County Attorney

Christopher Smith, Cowley County Attorney

Michael Gayoso, Jr., Crawford County Attorney

Joe Lee, Elk and Greenwood County Attorney

Tom Drees, Ellis County Attorney

Susan Hiller-Richmeier, Finney County Attorney

Natalie Randall, Ford County Attorney

Stephen Hunting, Franklin County Attorney

Jessica Akers, Grant County Attorney

David Yoder , Harvey County Attorney

Jason Belveal, Jefferson County Attorney

Steve Howe, Johnson County District Attorney

James Scott, Kiowa County Attorney

Dale Pike, Lane County Attorney

Todd Thompson, Leavenworth County Attorney

Jennifer O’Hare, Lincoln County Attorney

John Sutherland, Linn County Attorney

Margaret Mahoney, Logan County Attorney

Marc Goodman, Lyon County Attorney

Elizabeth Sweeny-Reeder, Miami County Attorney

Laura Allen, Morris County Attorney

Linus Thuston, Neosho County Attorney

Craig Crosswhite, Ness County Attorney

Douglas Sebelius, Norton County Attorney

Brandon Jones, Osage County Attorney

Jason Parks, Ottawa County Attorney

John Settle, Pawnee County Attorney

Melissa Schoen, Phillips County Attorney

Sherri Schuck, Pottawatomie County Attorney

Keith Schroeder, Reno County District Attorney

Barry Wilkerson, Riley County Attorney

Ellen Mitchell, Saline County Attorney

Marc Bennett, Sedgwick County District Attorney

Paul Kitzke, Stevens County Attorney

Norbert Marek, Wabaunsee County Attorney 

Gilstraps to lead local campaign for Derek Schmidt

KANSAS CITY, KAN. ----- Mark and JoAnne Gilstrap will coordinate the efforts in Wyandotte County for Kansas Attorney General Derek Schmidt’s reelection campaign.

The Gilstraps, Kansas City, Kan., will serve as Wyandotte County co-chairs of Schmidt’s campaign. In that capacity, they will be the principal liaison between the campaign and Wyandotte County residents for information about the campaign.

Mark and JoAnne are lifelong residents of Wyandotte County. JoAnne has been a pharmacist in Wyandotte County for more than 30 years and Mark has been the Deputy Revenue Director for Wyandotte County Unified Government for more than 25 years. Mark represented Wyandotte County in the Kansas Senate for 12 years and currently serves as chairman of the Wyandotte County Republican Party.

“I am grateful that Mark and JoAnne have again agreed to serve our campaign in this important role,” Schmidt said. “We are proud to have support from Kansans in all corners of our state and I appreciate their help in sharing our record of results with the citizens of Wyandotte County.”

Schmidt, of Independence, is seeking his second four-year term as Kansas Attorney General in the November 4 general election. More information on Schmidt’s campaign is available at www.DerekSchmidt.org.

AG Schmidt issues statement on Supreme Court’s decision not to decide marriage cases

TOPEKA, KAN. ---- Kansas Attorney General Derek Schmidt today issued the following statement in connection with today’s announcement by the U. S. Supreme Court that it will not hear current appeals related to the constitutionality of state prohibitions on same-sex marriage:

“Today’s unexpected and disappointing decision to avoid the issue ensures that an already uncertain legal situation for Kansas and many other states will become even more so.  It is likely the Supreme Court eventually will have to decide this question, but until then this delay is sure to generate more litigation and more uncertainty both for defenders of traditional marriage and for same-sex couples.  To date, no Court has squarely decided whether the Kansas Constitution’s prohibition on same-sex marriage -- adopted by voters less than a decade ago -- is invalid.

 “My office is consulting with the Governor’s office and with other states affected, directly or indirectly, by today’s decision and will deal with pending or future litigation directly affecting the Kansas constitutional provision as it may come. We are also closely watching ongoing litigation in the Fifth, Sixth, Ninth, and Eleventh federal circuit courts of appeal that could again present the Supreme Court a request to decide this question with finality during its current term.”