Legislative Update Week of February 1-5, 2010

I have been following developments in the Kansas legislature while I am recovering. Here is an update from our various committees in late January:

The House began debating bills on the floor this week and several significant bills were introduced.

Health Care Freedom

The Kansas Health Care Freedom Amendment was introduced on Tuesday at a press conference that included Congressman Todd Tiahrt and Congressman Jerry Moran.

The Health Care Freedom Amendment simply states that the cornerstone of any future health care reform must be the preservation and protection of the right of individuals to make their own health care choices.

This is about preserving the ability of Kansans to dictate how and where they receive their health care without any penalties for not utilizing the Federal government system. Although the national health care mandate may be faltering, it is important that Kansas get out in front of this to prevent further erosion of our citizen’s rights.

This proposition would not affect which health care services a health care provider or hospital is required to perform or provide. It would not affect which health care services are permitted by law and would not prohibit care relating to workers compensation or state employee benefit programs.

By passing this proposition, the Kansas Legislature would be giving the citizens of Kansas an opportunity to vote for their health care sovereignty. Any person, employer or health care provider would have the right to be free from any rule or law compelling participation in any health care system. It would protect Kansas citizens from any penalties or fines resulting from choosing their own health care provider. Additionally, employers would be free to purchase lawful health services directly from a health care provider and there would be no law to prevent a provider from accepting direct payment for health care services.

This is not an attempt to prevent anyone from choosing a government option. This resolution protects the citizens of Kansas from being subjected to a government mandate that defines their health care choices.

This resolution will go before the registered voters of Kansas if approved by two-thirds of the elected members of the Kansas Senate and two-thirds of the elected members of the Kansas House of Representatives. Once approved, the resolution will be placed on the election ballot in 2010.

If citizens vote against this proposition in 2010, there would be no constitutional protections to ensure that the citizens, employers, and health care providers of Kansas are protected from mandatory enrollment or participation in a government-managed healthcare system.

K-2 Ban Approved by House

HB 2411 amends the Kansas Uniform Controlled Substances Act to include K-2, other synthetic cannabinoids and chemicals that work together produce an experience that mirrors that of ecstasy.

The ban was passed on the House floor by a vote of 111-4. It is now in the Senate Judiciary committee.

Bill Introduced this Week

• HB 2439 - Regulating traffic; prohibiting the sending, reading or writing of text messages while operating a motor vehicle {exceptions for Emergency personnel}
• HB 2441 - Crimes and punishment; prohibiting text messaging while operating a moving motor vehicle {Establishes Involuntary manslaughter while driving and texting as a severity level 4, person felony}
• HB 2442 - Establishing the Kansas Streamlining Government Commission; providing for an independent review of state agencies of the executive branch of state government; prescribing powers, duties and functions for the commission and certain other state agencies {BRAC style program for state agencies}
• HB 2516 - Kansas Expanded Lottery Act; relating to racetrack gaming facilities; creating the Kansas Agricultural Opportunity Act {Revisits the question of whether to allow slot machines at greyhound and horse racing facilities in Sedgwick County.}
  
• HB 2519 - Concerning sales taxation; relating to streamlined sales and use tax agreement conformity
  
• HB 2537 - Alcoholic beverages {Provides for the sale of single strength cereal malt beverages at all authorized retailers}
  
• HB 2541 - Enacting the Kansas Illegal Immigration Relief Act
  
• HB 2556 - Regulating traffic; restricting the use of certain wireless communication devices while operating a moving motor vehicle
  
• HB 2622 - Use of public funds for lobbying (No taxpayer funds shall be used for the purpose of employing or contracting for the services of any person whose duty and responsibility includes lobbying for a tax increase.}
  
• HCR 5028 - Establishing a three-year moratorium on the granting of new tax exemptions, tax credits or economic development incentive programs involving employer withholding taxes

It is an honor to serve you in the House of Representatives. As always, if you have any questions or concerns, please do not hesitate to contact me. Thank you for your continued support and good wishes.

Sincerely,

Rep. Owen Donohoe

39th District Kansas