Mar 21, 2010

Melanie's Adventures in the Statehouse #7

Melanie Meier's Adventures in the Statehouse

Kansas House of Representatives

40th District 

 

Volume 2010, Issue 7:  Tax Exemptions and the Budget

The House finally debated HB 2549, proposing the repeal of certain sales tax exemptions, this past week on the floor.  After many amendments, the only item left in the Bill to have its sales tax exemption repealed was coin operated laundries.  A motion was made to delay final vote on the Bill until May 3rd, after the final revenue estimates come in.  It was argued that it is premature to look at tax increases before we even know how big the budget deficit actually is.  Once the majority of tax receipts come in mid April, we will be able to debate the pros and cons of revenue enhancement and further budget cuts with an actual number to balance the budget against.


Many Kansans visited Topeka this past week.  The Kansas Organization of State Employees was here in force on Wednesday, 17 March.  Many folks from the 40th District came to visit, including a large group from the Lansing Correctional Facility.  On Thursday, 18 March, the Kansas Mental Health Coalition was here.  They are an umbrella organization for more than 30 organizations that represent consumers of mental health services, advocacy groups, and child welfare providers.  Tuesday, 16 March, over 1000 teachers, students and parents from across the state marched to and around the Capitol while the House was on the floor in debate.  Their theme was "adequate yearly funding of education."


House Appropriations Committee Proposed Budget

On Thursday, 18 March, the House passed a proposed budget out of committee.  The proposal cuts approximately $361 million from essential state services, in addition to over $170 million in cuts to Kansas public school districts.  Some of the cuts include:

·         $172 million in cuts to public education

·         $5-7 million in cuts for mental health programs impacting 90,000 Kansans

·         A 5% across the board salary cut to all State employees

·         A 12 day furlough to State employees in the form of closing State offices at 3pm on Fridays

·         $37.9 million freeze on State contributions to its employee retirement plan (KPERS)

·         A 1% cut in all State agency budgets

·         Increased premiums for children's health insurance


I understand that this proposal will come to the House floor for debate this coming week.  There will be many amendments and motions, and whatever the outcome, it will have to be reconciled with the Senate's proposed budget and then signed by the Governor.  Once the Legislature reconvenes after the latest revenue estimates are announced in mid April, there will be more adjustments.  I am told by senior Representatives that these will be long and arduous days ahead as we work through this process.  I appreciate all the emails, letters and calls I receive from you to voice your priorities for our district and the State.

"Freedom of Choice in Health Care" Act

This week we are scheduled to debate House Concurrent Resolution 5032.  It is a proposal to amend the Kansas Constitution by adding a new Article 16.  The stated purpose of the new constitutional article, which concerns health care, would be to preserve the freedom of Kansans to provide for their health care. Article 16 would include the following protections:

 

·         No law or rule would compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system or to purchase health insurance;

·         Any person or employer could pay directly for lawful health care services and would not be required to pay penalties or fines for paying directly for lawful health care services;

·         Any health care provider could accept direct payment for lawful health care services and would not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

 

            As a Constitutional Amendment, this Resolution requires a 2/3 majority vote of the House and of the Senate in order for it to go to the ballot for Kansans to vote on.  Last week the Senate's version of this Resolution was defeated in committee.  If it passes by a 2/3 majority vote in the House, it will then go to the Senate.  After subsequent passage by 2/3 majority of the Senate, it will go on the ballot for a Statewide vote.  If it makes it to a ballot in its present form, you will see the following statement on your ballot:

 

''Explanatory statement. The purpose of this health care freedom amendment is to preserve constitutionally the right and freedom of Kansans to provide for their health care. This proposition

would not affect which health care services a health care provider or hospital is required to perform or provide; would not affect which health care services are permitted by law; would not prohibit care provided pursuant to the general provisions relating to workers compensation; would not prohibit care pursuant to the provisions relating to state employee benefit programs; would not affect laws or rules in effect as of August 1, 2009; or would not affect the terms or conditions of any health care system to

the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services. Nothing in this amendment is meant to discourage anyone from purchasing health insurance.

 

''A vote for this proposition would preserve constitutionally the right of a person, employer or health care provider to be free from laws or rules compelling participation in any health care system; preserve constitutionally the right of a person or employer to purchase lawful health care services directly from a health care provider; preserve constitutionally the right of a health care provider to accept direct payment from a person or employer for lawful health care services; and preserve constitutionally the right to have the ability to purchase or sell health insurance in private health care systems.

 

''A vote against this proposition would provide for no constitutional right of a person, employer or health care provider to be free from laws and rules compelling participation in any health care system; would provide for no constitutional right of a person or employer to purchase lawful health care services directly from a health care provider; would provide for no constitutional right of a health care provider to accept direct payment from a person or employer for lawful health care services; and would provide for no constitutional right to have the ability to purchase or sell health insurance in private health care systems.''

 

            Proponents of the Resolution say that this will give Kansans a rationale to reject Federal health care programs.  Opponents say that this Resolution will not make a difference because the U.S. Constitution's Article 6 says "that federal law is supreme and that if there is a conflict, federal law prevails," and if challenged the Kansas Article 16 could be declared unconstitutional.  Opponents also say that the Kansas Legislature should be focusing on the budget crisis and not wasting time on Resolutions that will not change anything.


Out and About

            I attended the Saint Joseph of the Valley's Solemnity of Saint Joseph Mass on Friday and the following dinner fund raiser.  It was a beautiful mass, sung by the Little Sisters of the Lamb from Kansas City, Kansas.  Saturday was the Friends of the Leavenworth County Humane Society social.  The Leavenworth County Humane Society celebrated its achievements and volunteers from the last year and enjoyed an afternoon at the Homestead Greenhouse on 10th Street in Leavenworth despite the 1st Day of Spring snow storm.

Keep in Touch

It is a special honor to serve as your state representative.  I value and need your input on the various issues facing state government.  Please feel free to contact me with your comments and questions.  My office address is Room 722, Docking State Office Building, Topeka, KS 66612.  You can reach me at (785) 296-7668 or call the legislative hotline at 1-800-432-3924 to leave a message for me.  Additionally, you can e-mail me at Melanie.meier@house.ks.gov.  You can also follow the legislative session online at www.kslegislature.org.   

 As always, if you no longer desire to receive updates and information from me, just let me know and I will take you off the mailing list. 


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