My Reaction to the AG's Opinion on the Contraception Mandate

Late yesterday the Attorney General issued an opinion on two questions I had concerning the contraception mandate.  You can find the complete opinion here:  http://ag.arkansas.gov/opinions/docs/2012-043.html

Here is the bottom line of that opinion: "Second, the Supremacy Clause in the U.S. Constitution requires that any valid federal law will override a conflicting state law. Accordingly, if the regulation is a valid federal law, then any conflicting state laws—whether they be regulatory, statutory, or constitutional—will be preempted"

This should bring concern to all Arkansans.  If Obamacare is upheld and we go forward with implementing the healthcare exchanges we will be subject to whatever regulations HHS puts into place regardless of whether it is good for Arkansas or is in line with our values.

I believe this latest mandate is an assault on not only our states rights but also on our religious freedoms and will work diligently to fight against it.

I stand with the majority of Arkansans who oppose this encroachment on our freedoms. I stand with Cardinal Dolan, Pastor Rick Bezet and the others of faith who have said they will not comply with this mandate.  I hope you will stand with us.

Here to Serve,
David Meeks

Attorney General's Opinion on the Contraception Mandate

Recently the Obama administration mandated that all contraception, including abortion-inducing drugs be included in healthcare plans. This raised the question about whether there were any state laws that might come into conflict with the mandate.  After doing some preliminary research, I have found several state statues that may be in conflict with the new mandate.

To that end, I have sent over a request to the Attorney General to get an opinion.  The wording of the opinion and the research can be found below. Thank you to Representatives Kim Hammer and Lori Benedict for signing on to the opinion.

If you know of any other statues that may be in conflict with the new mandate, please contact me at david.meeks@arkansashouse.org

Here to Serve,

David Meeks

_____________________________________________________________

Dear General McDaniel:

I am writing to request your official opinion on the following questions.

1) Would any state statutes and/or amendments, including those I have enclosed with this request, conflict with the Contraception Mandate?

2) Based on Arkansas Constitutional Amendment 68, would the Contraception Mandate prohibit the legislature from appropriating money to entities that may dispense abortion-inducing drugs listed in the mandate?

If there is any way you might expedite your response to this question, it would be greatly appreciated 

Amendments:

---->Amendment 2 § 24. Religious liberty.

 "All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other."

---->Amendment 68 I have been told that a possibility exists Amendment 68 could affect certain grants to hospitals, because we appropriate the money. On a separate note, others I have talked to said that the State Employee Health Insurance probably wouldn't be affected by the Mandate and Amendment 68 because it is considered to be self funded.

State Statues:

http://statutes.laws.com/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/20-16-601

---->20-16-601  This deals with abortion and would come into play if they required a physician to administer an abortion inducing drug.

http://insurance.arkansas.gov/PandC/Insurance%20Code%20&%20related%20chapters/Chapter791.htm

---->23-79-510: (2)  EXCLUSIONS.  Subject to the contractual policy form language adopted by the board, the following services, supplies, drugs, or articles whether prescribed by a physician or not shall not be covered:

                    (R)  Any expense or charge for oral contraceptives used for birth control or any other temporary birth control measures;

Subchapter 11

— Equity in Prescription Insurance and Contraceptive Coverage Act

23-79-1101. Title.

This subchapter shall be known and may be cited as the “Equity in Prescription Insurance and Contraceptive Coverage Act”.

23-79-1102. Definitions.

As used in this subchapter:

               (1)(A)  “Health benefit policy” means an individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including those contracts executed by the State of Arkansas on behalf of state employees, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, provider-sponsored health care corporation, or other insurer or similar entity.

                               (B)  “Health benefit policy” does not include:

                                               (i)  Accident-only, credit, specified disease, dental, hospital indemnity, Medicare supplement, long-term care, or disability income insurance policies;

                                               (ii)  Coverage issued as a supplement to liability insurance;

                                               (iii)  Workers' compensation or similar insurance; or

                                               (iv)  Automobile medical-payment insurance;

               (2)  “Insurer” means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, or any similar entity authorized to issue contracts under Title 23 of this Code; and

               (3)  “Religious employer” means an entity that:

                               (A)  Is organized and operated for religious purposes and has received a section 501(c)(3) designation from the Internal Revenue Service;

                               (B)  Has as one (1) of its primary purposes the inculcation of religious values; and

                               (C)  Employs primarily persons who share its religious tenets.

23-79-1103. Parity for contraceptives.

(a)  Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Insurance Commissioner on or after August 12, 2005, that provides coverage for prescription drugs on an outpatient basis shall provide coverage for prescribed drugs or devices approved by the United States Food and Drug Administration for use as a contraceptive.

---->(b)  Nothing contained in this subchapter shall be construed to require any insurance company to provide coverage for an abortion, an abortifacient, or any United States Food and Drug Administration-approved emergency contraception.

23-79-1104. Extraordinary surcharges prohibited.

(a)  No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any:

               (1)  Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayment level receiving benefits for prescription drugs; or

               (2)  Reduction in allowable reimbursement for prescription drug benefits.

(b)  This subchapter shall not be construed to:

               (1)  Require coverage for prescription coverage benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs;

               (2)(A)  Preclude the use of closed formularies.

                               (B)  However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or 

  ------->  (3)  Require any religious employer to comply with this subchapter.

Week in Review at the Capitol- March 25th

Christopher Columbus would have found it difficult to navigate a proposed congressional redistricting map that forcefully sailed its way through the House State Agencies Committee this week. Dubbed the “Pig Trail Gerrymander” for its suspicious meandering, creative carvings and raw partisanship, the redistricting proposal ruffled plenty of feathers during week eleven of the 88th General Assembly.

Entering the fourth quarter of the session meant two-a-days for lawmakers, with the House convening twice a day and legislative committees holding multiple daily meetings. Cruising full speed ahead, members passed a bill Monday to decrease voter fraud and ensure fair elections. The measure requires Arkansans to present a voter ID card when casting a ballot at the polls, and would allow county clerks to issue identification cards to individuals without driver’s licenses. House Bill 1797 is currently en route to the Senate for consideration.

Arkansas owes $330 million in unemployment benefits to the federal government. In order to responsibly address this debt, we passed a bill to place a cap on unemployment benefits and cut the benefit period by a week. The measure could potentially save our state $50 to $75 million annually, thus shoring up money to begin balancing our unemployment trust fund.

Midweek, the marble halls of Capitol Hill echoed with concerns of over four-hundred Arkansans who gathered to protest several bills threatening the livelihood of our state’s natural gas industry. The five measures would have imposed burdensome regulations on an industry that provides jobs for Arkansans and revenue for our state. After mounting opposition from conservative lawmakers like myself and hundreds of citizens, one bill failed to pass the House Agriculture, Forestry and Economic Development Committee, while the remaining four were successfully removed from consideration and sent to interim study.

Gerrymandering is the art of manipulating geographical boundaries to achieve a political advantage for a particular party. Every decade the Arkansas Legislature is charged with redrawing the boundaries of our state’s four congressional districts using U.S. Census data. This week, the State Democratic Party endorsed a proposed congressional redistricting map that unfairly gerrymanders Arkansas’ four congressional districts.

Conservative legislators believe the proposed "Pig Trail Gerrymander" or "Fayetteville Finger" map ignores the traditional communities of interest in Arkansas and only exists for raw partisan purposes. Most notably it puts the northwest city of Fayetteville into the fourth congressional district, which currently encompasses the southern region of our state. Arkansas has four defined regions, the Ozarks, Northeast Delta, Central Arkansas and Southern Timberlands. The full House is expected to vote on the “Pig Trail Gerrymander” early next week, and I intend to fight this partisan power grab to protect the people of Arkansas. You can view the map at www.arkansasgop.org.

The full House passed a resolution this week that would refer to Arkansas voters a constitutional amendment creating a half-cent temporary sales tax increase to fund construction of a four-lane highway system. I opposed this resolution because the taxes in Arkansas are already too high. It is time we look at where our state money is currently going and find ways to fund our roads from existing funds. This proposal is one of several constitutional amendments being considered by the Legislature. The General Assembly has the authority to refer up to three measures to the people in the 2012 general election.

A bill to implement the Patient Protection and Affordable Care Act in Arkansas failed in the House Insurance and Commerce Committee Friday, falling short of eleven votes needed to pass. House Bill 2138 would have established insurance exchanges necessary to the implementation of the healthcare law. More than half the states, 28 and counting, are challenging the law in court on the grounds it violates the constitutional rights of their citizens. Until we know how the Supreme Court will rule on the federal healthcare law, we do not need to spend more money implementing the law in Arkansas.

House members also approved a bill that would allow public schools to adopt curriculum standards to teach the Bible for academic significance. The measure, which passed our chamber with a vote of 71-16, now goes to the Senate for consideration.

I also had the honor of closing out the week in the House by banging the final gavel as we adjourned. You can view that clip here: http://arkansas-house.granicus.com/MediaPlayer.php?view_id=2&clip_id=539&meta_id=23192

What to watch for:

Despite opposition from an overwhelming majority of Arkansans, the Democrats are intent on implementing Obamacare here in Arkansas. On Monday, expect HB2138 and SB880, which would allow the job killing law to be implemented here to be brought back up in there respective committees.

Two pro-life Senate bills are headed to the Arkansas House for consideration. As a pro-life conservative, I intend to support these vital pieces of legislation.

A battle is brewing over congressional redistricting. Stay tuned for the finishing results.

The final significant piece of legislation lawmakers will approve before the session’s end is the budget bill, also known as the Revenue Stabilization Act. Because we held the line on spending to reduce taxes for Arkansans, the final balanced budget will be much smaller than originally proposed.

Since January 10, House members have tackled hundreds of critical pieces of legislation, and with just days to go until our scheduled April 1 recess, I will continue my fight to protect your values and move our state forward.

As your Representative, I am honored to serve you in the Arkansas House of Representatives. Please contact me with any questions or concerns you may have. My email is david.meeks@arkansashouse.org

I also encourage you to visit www.arkansashouse.org where you can view live stream committee meetings and proceedings happening on the House floor from anywhere in the state.

Week in Review at the Capitol- March 18th

Sorry, I didn't post about the week of March 11th. Here is a very good post about what happened that week from Laurie Masterson: http://mastersonlog.blogspot.com/2011/03/i-picked-wrong-week.html

Now onto the week ending March 18th...

After weeks of dancing between an assortment of proposed tax cuts, House and Senate members came together like a good old fashioned do-si-do, announcing a deal to cut $35 million in taxes for Arkansans. From striking a deal on tax cuts to passing prison reform legislation, lawmakers did plenty of heavy lifting during week ten of the legislative session.

Earmarks didn’t stand a chance in the Arkansas House when members kicked off an eventful week, voting to reject appropriation bills that would have funded local pet projects for lawmakers. Rather than continuing an irresponsible state earmark practice, we opted to use this money from the General Improvement Fund to enhance the state overall.

A measure to toughen laws on sex offenders was passed by the full House on Monday. If approved by the Senate, the bill will prevent Level 3 or Level 4 sex offenders from working in organizations where children sixteen and under and present, such as daycares.

A bill to increase the severance tax on the natural gas industry was withdrawn this week after facing a swarm of opposition from concerned citizens and legislators. The tax increase would have killed jobs and crippled one of Arkansas’ most valuable industries.

In an effort to reduce escalating prison costs and curb inmate overpopulation, on Wednesday the House passed a measure to initiate positive reform in our state prison system. When signed into law, the bill will lessen sentencing for some non-violent offenses, expand alternative sentencing programs and potentially save the state $875 million over the next decade. Although we took a step in the right direction, our work as lawmakers to improve our state prison system is far from over.

If you want less of something, tax it. Unfortunately for Arkansans, midweek Democrat Senators on the Revenue and Tax Committee voted to block House Bill 1002, the Capital Gains Reduction Act, from reaching the full Senate floor for consideration. The bill, which passed the House with bi-partisan support, would have exempted new investments made in Arkansas after July 1, 2011 from the 4.9 percent capital gains tax. Arkansas’ high capital gains tax is hindering entrepreneurial spirit from materializing in the state. Reducing the capital gains tax would have unleashed Arkansas potential to become an engine for job creation and a magnet for business development.

Over the course of the legislative session, ten tax cuts have been proposed by House and Senate members. After mounting pressure from conservative lawmakers to hold the line on state spending and provide tax relief to Arkansans, six tax cuts totaling $35 million were agreed upon Thursday by both chambers and the Governor. The variety of tax cuts, three from the House and three from the Senate, include, a back to school sales tax holiday, single parent tax cut, an increased tax credit for ecotourism, tax cuts on used cars and manufacturers’ utilities, and a half-cent reduction in the grocery tax. By reducing the $109 million spending increase in Governor Beebe’s proposed 2012 budget, House and Senate members were able to decrease revenue flowing into state coffers to cut taxes and protect the pocketbooks of Arkansans.

Beginning July 2012, natural state citizens will be given an “online checkbook” to track state spending and monitor how your tax dollars are being spent. The measure, advocated by Lt. Governor Mark Darr, was signed into law Thursday and will undoubtedly enhance transparency in government and encourage public input as to how our state spends your money.

What to watch for:

It looks like this is finally the week the Democrats will try to push thru bills that will allow Obamacare to be implemented here in Arkansas. Late on Friday, Representative Hyde-(D) amended HB2138 to include language that will allow the state to implement the unpopular and job-killing Obamacare. You can view the language of the amendment here: http://www.arkleg.state.ar.us/assembly/2011/2011R/Amendments/HB2138-H1.pdf

State Senator Johnny Key released the first of many congressional redistricting proposals this week. Keep in mind, the Legislature is charged with redrawing Arkansas’ four congressional district using 2010 Census data. Expect to see additional bills surface in the remaining days of the session.

The state of Arkansas currently owes the federal government an estimated $330 million in unemployment benefits. Arkansas is one of thirty states to borrow federal money to compensate for the number of individuals collecting unemployment benefits. Two Senate bills addressing this debt are currently en route to the Arkansas House.

With only three weeks left before the House is scheduled to recess, I will continue to work tirelessly to represent your views and values for a better, more competitive Arkansas. From Capitol Hill to our community, my top priories have always been to responsibly cut taxes for all Arkansans, promote job creation, protect Arkansas families and move our state forward.

As your Representative, I am honored to serve you in the Arkansas House of Representatives. Please contact me with any questions or concerns you may have. My email is david.meeks@arkansashouse.org

I also encourage you to visit www.arkansashouse.org where you can view live-stream committee meetings and proceedings happening on the House floor from anywhere in the state.

Week in Review at the State Capital

This week at the Capital:

The halls of the Arkansas State Capitol were buzzing with conversation of spending cuts, healthcare reform, and abortion issues as House members began our third week of the 88th General Assembly.

Monday afternoon the House convened and passed House Bill 1063, the $36 million spending bill that Joint Budget Committee amended last week to remove judicial pay raises totaling $475,000. The full House and Senate approved the General Appropriation Act, and the Governor has now signed it into law. Significantly, the vote to freeze salaries opened a valuable window for legislators in both chambers to begin discussing spending cuts and examining every dollar appropriated by state government. As the session progresses, we expect budget issues to remain at the forefront of our legislative agenda as each party works together to contain state spending and advance Arkansas economically.

The House Transportation Committee unanimously advanced a measure by Rep. Kathy Webb of Little Rock on Tuesday which would allow individuals to choose to be notified by e-mail rather than regular mail when it is time to renew their vehicle registration. This innovative use of technology could potentially save our state $97,000 annually. Speaking of saving state money, the full House passed Rep. Justin Harris’ bill on Tuesday which requires sex offenders to verify their registration at local law enforcement agencies, potentially saving our state over $70,000 in postage annually. House Bill 1007 now heads to the Senate for consideration.

The Nick Bacon Remembrance Act, named for the late Congressional Medal of Honor recipient Nick Bacon, was approved by the House this week. The Act would allow honorably discharged veterans to have their veteran’s status listed on their Arkansas driver’s license. It was a great privilege to have Nick Bacon’s family as our guests as the bill passed the House.

Midweek, the Public Health, Welfare and Labor Committee voted 12-7 to prevent House Bill 1053, the Healthcare Freedom Act, from reaching the House floor for a full debate and vote. The bill, sponsored by Rep. David Meeks, R-Conway, aimed to prevent the individual mandate in the healthcare law from forcing Arkansans to purchase health insurance. Five Republicans and two Democrats on the committee voted in favor of the Healthcare Freedom Act. Individual liberty and freedom of choice take precedent over federally-imposed mandates, and I applaud those committee members who took a principled stand to represent conservative Arkansas values.

What to watch for:

A Senate Bill aimed at preventing taxpayer dollars from funding abortions as projected in the federal healthcare overhaul is now headed to the Arkansas House. Republican Senator Cecile Bledsoe of Rogers sponsored the legislation, which I fully intend to support as it reaches the House floor.

For the first time in our state’s history, a true two-party system is now in play in the Arkansas Legislature. Together, each party will work to tackle issues ranging from redistricting to highway funding and tax cuts.

As your Representative, I am honored to serve you in the Arkansas House. Please feel free to contact me with any questions or concerns you may have. My email is: david.meeks@arkansashouse.org

Here to Serve,
David Meeks