This past week saw a flurry of activity in all the committees and on the floor of both houses. To the uninformed it could appear that not much is going on however that is not the case. Once the committees have their hearings on any given bill, they "work" the legislation and can decide to bring it to the floor for debate or kill it in committee.
HB2578 established the Utilization of Unused Medications Act, ( "orphan drugs") The bill authorizes unused drugs, other than those defined as controlled substances, to be transferred voluntarily from adult care homes to indigent care clinics so that the clinics may dispense the donated medications to persons who are medically indigent residents of Kansas.
The Department of Aging (KDOA) would adopt rules and regulations for the Act based on the following:
1. The medications must come from a controlled storage unit of an adult care home;
2. Medications acceptable for the Act must be unused injectibles or other medications in their original sealed unit dose packaging;
3. Expired medications will not be accepted;
4. No controlled substances will be accepted.
By December 1, 2008 the Board of Pharmacy must adopt rules and regulations.
SB 458, the Kansas illegal immigration act has been getting a lot of attention. A coalition of business owners, ranchers, farmers, some contractor organization and others has been formed to oppose some of the language. Apparently this bill is no different than most of the other possible legislation we see in that there are so many parts and subsections that almost anyone can find something to love or hate.
A couple of examples would be the penalty for failing to properly complete an employee I-9 form or use the federal e-verify system when employing new workers. For example the I-9 has a bunch of blanks to fill out and any incomplete form or inadvertent omission can be grounds for the employer to be charged with "knowingly and willfully" falsifying the document. This of course could to lead to a business license being revoked, should the new employee be identified as an illegal alien
The federal e-verify is much like other employment applications. There are some questions you can not ask until employment is offered. On a job application you can not ask about marriage status, previous health or injuries claims filed. By the time you can use e-verify you could find out you just hired an illegal and are now guilty of a crime.
The same goes for the law enforcement requirement. Some have expressed concern that this could be in violation of racial profiling laws. "All law enforcement officers shall inquire into the citizenship and immigration status of any person arrested for a violation of any state law or municipal ordinance, (speeding etc.), regardless of the person’s national origin, ethnicity, or race".
There are of course good points as well. No state or local public benefits are to be provided unless the recipient can prove they are here legally and those benefits allowable under 8 U.S.C.162(b).
No drivers license is to be issued to someone who can not prove legal residence.
The emotional expression of support of immigration law reform aside, we have to debate and discuss this issue in great detail and length to avoid unintended consequences. I keep hearing about all the evils the illegal immigrants are inflicting upon us and yet I occasionally hear about the golden rule "treat others as you would like treated yourself".
I do believe that we will hear more on this in the upcoming weeks and until something gets out of committee, nothing will be coming up for a vote on the floor of either house.
HB 2916 known as the state employee pay plan was passed out of the house Wednesday the 13th, on a vote of 104-18. The short version of this is that a change is coming with the pay and evaluation process of our classified state employees. A pay increase along with the longevity pay received for years of service, and the promise of reclassification of job descriptions is all included in this recently passed legislation.
This now proceeds to the senate and if approved, goes to the Governor for signing into law. If amended, it comes back to the house for resolution of the amendment. The money will have to come from somewhere, so other services will have less money to operate or additional taxes will need to be levied to satisfy the requirements of HB 2916 to pay our correctional officers, highway workers, SRS employees, or any of the close to 22,000 classified state employees.
On Wednesday, I had the honor of serving as the Chairman of the Committee of the Whole. This is the legal term we use to describe the entire house of representatives, so that we can debate legislation on the floor. This is an honor and quite a challenge as well. This is a position given to a few of volunteer legislators and is a chance to help guide the debate by maintaining order and sequence of debate.
I consider it an honor and privilege to be your representative in Topeka and I want to know what you think Thanks, Rep. John C. Grange, Rm 411-S State Capitol, 785-296-7655.
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