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Opinion > Editorial
Senate Bill 6 not fiscally responsible
By the Messenger-Inquirer
Published: Wednesday, J anuary 19, 2011 12:00 AM CST
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Illegal immigration has become one of those hot-potato issues on which every elected official seemingly has
strong feelings, yet few at the federal level seem serious about addressing the problem.
The inability -- or unwillingness -- to tackle illegal immigration has led to discontent among the public, as
polls show about 60 percent disagree with how the federal government has handled the issue. A Gallup poll
conducted before last year's general election ranked immigration as the No. 2 issue that the federal
government should be addressing -- behind only reducing unemployment.
So it's not surprising that states are now trying to solve the problem on their own. Arizona has received
most of the attention for its law that allows law enforcement officers to verify the status of someone they
believe could be in the country illegally.
But Kentucky, led by state Senate President David Williams, is pushing a law as well -- Senate Bill 6 -- that
appears to be an even stronger version of the Arizona law. Williams, a Burkesville Republican, wants to
create a misdemeanor criminal trespassing charge -- that could escalate to a felony under certain
circumstances -- for any immigrant who is in Kentucky illegally.
The bill would allow law enforcement officers to stop anyone for "reasonable suspicion" to determine if they
are an illegal immigrant .
"| think it has merit in one sense, that it brings attention to the issue," said state Sen. Joe Bowen, an
Owensboro Republican, who voted for the bill, which passed the Senate on Jan. 7. "The only reason that
states are dealing with the issue is the federal government has not dealt with it."
Bowen is exactly right about the need to draw attention to the issue -- but passing bad legislation is not the
answer. Those who favor Senate Bill 6 say the federal government is shirking its responsibility, which it is.
But with this legislation, the state would essentially be doing the same thing, passing an unfunded mandate
down to local governments that are in no shape financially to deal with its costs.
The concern over this bill is bipartisan. Daviess County Sheriff Keith Cain, who is a Democrat, and J udge-
Executive Al Mattingly, who is a Republican, have both said there are unintended consequences in the
legislation that would severely hamper local budgets and strain the resources of local law enforcement.
As Mattingly pointed out during a forum Saturday, the law includes no funding for local law enforcement to
carry out its mandates -- even though it's going to require a tremendous amount of additional dollars. A
fiscal impact study released last week by legislative staff estimated enforcing the bill could cost about $40
million a year.
That number was reached by taking $90 million in additional costs for jails, prisons, support systems for
children, etc., and subtracting $50 million that could be saved in education costs for illegal immigrants and
Medicaid costs. But it doesn't even include the potential need for additional police officers, or the potential
for lost sales and income tax revenue.
As with any fiscal impact study, these numbers can be debated, and those who support the legislation will
argue the costs will be lower, while those who oppose it will think they'll be higher. But it will cost
something, likely in the tens of millions annually, and that can't be ignored.
We hope that, as Bowen said, this bill is about drawing attention to the issue and keeping pressure on the
federal government to do something about the problem. But to pass this law -- and pass the burden down to
local governments to pay for it -- is not fiscally responsible.
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