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15  A CONCURRENT RESOLUTION memorializing Congress to cease the
16    usurpation of the constitutionally protected powers of the States; to
17    cease imposing federal mandates; and to reconsider the many areas
18    mandated by the recent federal legislation related to child support
19    enforcement that are unconstitutional.
20
21    WHEREAS, The Federal Government passed the Personal Respon-
22  sibility and Work Opportunity Act of 1996, which was signed into law on
23  August 22, 1996; and
24    WHEREAS, Title III of the Act contains mandates on the States and
25  requires the States to enact immediately numerous new procedures re-
26  lated to the provision of child support enforcement services; and
27    WHEREAS, The States must enact new laws related to establishing a
28  directory of new hires, new administrative procedures relating to locating
29  parents, ordering genetic testing, enforcement of income withholding or-
30  ders and collecting arrearages by means of administrative seizure of assets
31  and imposition of liens on real and personal property and administrative
32  access to customer utility and cable television records; and
33    WHEREAS, The Federal government has stated that States who do
34  not comply will face severe penalties including disapproval of a State's
35  child support enforcement plan which could mean no federal child sup-
36  port dollars and a reduction or no funding for Temporary Assistance to
37  Needy Families (TANF) block grants; and
38    WHEREAS, This could mean the loss in federal moneys for the chil-
39  dren of the State of Kansas of $29 million to an amount exceeding $125
40  million; and
41    WHEREAS, The Federal government is requesting the states to
42  enact legislation to be in compliance with the Personal Responsi-
43  bility and Work Opportunity Act of 1996 without the benefit of the
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 1  states having access to the administrative rules and regulations
 2  which have not been adopted at this time. The Federal govern-
 3  ment should refrain from enacting State mandates without first
 4  adopting adequate rules and regulations, as well as opt-out pro-
 5  visions; and
 6    WHEREAS, These new mandates intrude on the traditional consti-
 7  tutional powers of the States and on powers traditionally constitution-
 8  ally exercised by the judicial branches of the States; and
 9    WHEREAS, These new mandates clearly violate the authority, re-
10  sponsibility and prerogative of each State Legislature to govern and enact
11  laws as it sees fit; and
12    WHEREAS, These new mandates are in direct violation of the 10th
13  amendment to the Constitution of the United States; and
14    WHEREAS, These new mandates violate the United States Supreme
15  Court's holding in New York v. United States, 112 S.Ct. 2408 (1992), when
16  Congress commandeers the legislative and regulatory processes of the
17  States in this manner; and
18    WHEREAS, These new mandates violate individual rights of privacy
19  and individual rights of due process and equal protection guaranteed in
20  the Constitution of the United States in amendments 4, 5, 6 and
21  14; and
22    WHEREAS, These new mandates require private businesses to open
23  their records to regulators and place significant and undue financial and
24  labor-intensive burdens on small businesses and businesses that experi-
25  ence rapid and frequent turnover in personnel; and
26    WHEREAS, The State of Kansas has historically enacted numerous
27  statutory measures to improve the collection of child support in Kansas
28  and has spent great effort in ensuring that children are receiving the
29  financial support that to which they are entitled; and
30    WHEREAS, The government of the State of Kansas knows can best
31  judge what is needed to continue to make progress in the area of child
32  support enforcement in our state and what will work best to improve
33  child support enforcement in Kansas: Now, therefore,
34    Be it resolved by the Senate of the State of Kansas, the House of Rep-
35  resentatives concurring therein:  That the Legislature of the State of
36  Kansas, its members having sworn to uphold the Constitution of
37  the United States and the Constitution of the State of Kansas,
38  hereby requests the United States Congress to cease the usurpation of
39  the constitutionally protected powers of the States; cease imposing federal
40  mandates in this area of child support enforcement; and to reconsider the
41  many provisions of Title III of the Personal Responsibility and Work
42  Opportunity Act of 1996 delineated in this concurrent resolution; and
43    Be it further resolved:  That the President of the Senate and the
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 1  Speaker of the House of Representatives should extend an invita-
 2  tion to each member of the Kansas Congressional Delegation to
 3  attend a meeting during the 1998 Legislative session and stand for
 4  questions concerning the Personal Responsibility and Work Op-
 5  portunity Act of 1996; and
 6    Be it further resolved:  That in accordance with K.S.A. 75-702, the
 7  attorney general of the State of Kansas is hereby required to vig-
 8  orously defend the positions enumerated in this resolution and to
 9  cooperate with other States in any action which would support
10  such positions; and
11    Be it further resolved:  That the Secretary of State be directed to send
12  copies of this resolution to the President of the United States, the Pres-
13  ident of the United States Senate, the Speaker of the United States House
14  of Representatives and, each member of the Kansas Congressional Del-
15  egation and the presiding officers of the other 49 State Legislatures.