By Mike Shields and Dave Ranney
KHI News Service
TOPEKA, March 27
A bill that would have required anyone receiving state-funded benefits to prove they are in the country legally prompted lengthy debate in the House on Tuesday, before a majority voted to send it to the Judiciary Committee for more study.
Because of legislative deadlines, that effectively put the measure on ice for the session.
Supporters said the bill was meant to discourage illegal aliens from deriving taxpayer-financed benefits. But opponents said it would create a new burden of proof that every lawful resident of Kansas would need to meet in order to qualify for services or benefits, including in-state tuition at state universities.
“The cure is worse than the disease,” said Rep. Tom Moxley, R-Council Grove, who opposed House Bill 2367.
“No one has presented any evidence there is a problem” of illegal aliens using government benefits, said Rep. Mark Treaster, D-Pretty Prairie, another opponent.
“Most legislators agree that public money should not be spent on people who are not in the country legally,” Treaster said afterward. “The problem with this bill is that it puts an added burden on publicly funded health care clinics. They”re the ones who are going to have to make sure everyone they see is in the country legally and in process, their cost of doing business will increase. Basically, it”s not a good bill.”
Other critics said the bill raised too many hurdles for lawful residents, but Rep. Lance Kinzer, R-Olathe, who carried the bill, said it required no more effort or documentation than required to secure a drivers license. He also said the bill met the same goal spelled out in an executive directive signed by Gov. Kathleen Sebelius last year.
In her directive, Sebelius ordered the executive branch to establish procedures for making sure that adults receiving state-funded services were in the United States legally.
But the directive also says “compliance procedures shall not exceed any applicable requirements of federal law, and shall not be instituted where not required by federal law.”
Rep. Tom Holland, D-Baldwin City, successfully attached an amendment that would have strengthened the penalty against companies that knowingly hire illegal aliens to up to a $2,500 fine and a year in jail for each violation. That amendment passed 105-14.
But in the end, the vote was 65-56 to refer the bill to the Judiciary Committee, which is not expected to meet again this session.
Kinzer said the bill has little chance of being heard again this year.
“I”m never willing to say anything is completely over until the final gavel is banged at Sine Die,” he said, referring to the session”s last day. “But being realistic, I think it”s more likely than not that we”ll be dealing with this issue next year as opposed to between now and the end of session.”
Later in the day, Rep. Deena Horst, R-Salina, offered a motion to
reconsider consigning the bill to the Judiciary Committee, saying if
it were returned to the floor she would offer an amendment removing
the language dealing with in-state tuition. But that motion failed on
a roll call vote, 63-57.
-Mike Shields and Dave Ranney are staff writers for KHI News Service, which specializes in coverage of health issues facing Kansans. They can be reached at 785-233-5443.