Legislative Updates

Legislative Update - February 14, 2011

HEALTH CARE AMENDMENT HCR 5007 – DON’T BE MISLED

In case someone missed the polling data, the Kansas House was there to remind us all that the Affordable Care Act (ACA/Obamacare) is trailing in public support in Kansas. On Thursday, the House approved HCR 5007. If advanced by the Senate, HCR 5007, would put a proposed constitutional amendment on the ballot which, if passed, would attempt to block the health insurance mandate contained within the new federal health care law for the citizens of Kansas. According to proponents, “HCR 5007 preserves the freedom of Kansans to make health care insurance decisions without being subjected to government mandates.” Sounds reasonable, don’t you think? Well, don’t be misled.

There are strong legal opinions, even amongst the proponents, that the actual effect of a measure like HCR 5007 would be zero. Because constitutional amendments are quite costly to implement and the majority of legal advisors believe it would not be enforceable, Senate leaders plan no action on the measure. There have been four federal court cases regarding ACA. Two have ruled that the mandate provision is constitutional and two have ruled it unconstitutional. The constitutionality of the ACA will be decided by the Supreme Court of the United States. While I have some sympathy for Kansans outraged by Congress and the ACA, the action taken by the House is unnecessary and we have more relevant issues to tackle (e.g. the $500M hole in the budget and the KPERS dilemma). I believe that HCR 5007 is a political statement, and not a thoughtful act of a responsible branch of government. I voted no on HCR 5007. The resolution passed 93-26 with 6 absent.

I have one more thing to add on healthcare. Most people I visit with agree that health care needs reforming. The upward spiraling of medical costs and the exclusion of many from insurance because of affordability makes change necessary. If you are outraged by federal action in the ACA, your anger needs to be directed at Congress, and your message needs to be “fix it!”

IMMIGRATION BROUHAHA BREWING

Kansas Secretary of State Kris Kobach and Rep. Lance Kinzer are putting a full court press on legislators to adopt sweeping immigration policies that most in the business and agriculture industry see as far too onerous. The measure being “shopped” would require businesses and governmental units to use the “e-verify” system before hiring employees, imposing severe sanctions if they’re found to be in violation. The measure also is said to contain several “Arizona” provisions, giving law enforcement broad authority to question citizens as to their immigration status. In another “curious” provision, the Secretary of State (the chief election officer of our state) would be in charge of immigration enforcement provisions and granted the power to draft regulations as to how the law would be enforced. I bet the Attorney General would be surprised to find that he’s not the state’s chief law enforcement officer when it comes to immigration! Debate on this issue has many moving parts and lots of substantial stakeholders, so getting to “yes” might not be realistic.

NEXT WEEK

Next week much of the focus will be on the Senate as they debate the rescission bill. Passage in the Senate sets the stage for Conference Committee work later in the week. However, committees still continue to hear and take action on bills as the Turnaround deadline approaches at the end of the month.

As always, I consider it a privilege to represent the 71st district. Thank you! Please stop by my office if you visit Topeka. In the meantime, please continue to let me know how proposed legislation will affect you.

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