Kraus: Fiscal Responsibility

Bill on Bicycle and Walking Days Goes to the Senate

Last week, I presented HB 1691 to the House of Representatives for a vote.  This bill requires the governor to issue annual proclamations for a Walk and Bike to School month and day in October and Bike to Work month, day and week in May.  It received strong bipartisan support as it passed by a vote of 142 yes, one no, and one present.  The bill has been sent to the Senate and has been assigned to the Progress and Development Committee.

I would like to thank Brent Hugh, Executive Director of the Missouri Bicycle & Pedestrian Federation, Jonathan Hugh, and all others who have helped with this bill.

At no cost to the state, days such as this provide an opportunity for schools to organize safe passage for kids to walk or ride to school; create enthusiasm, knowledge and comradeship for healthy exercise; and lead to positive physical and mental health benefits for Missourians.

Lee's Summit Musical Cast Performs in Jefferson City

I enjoyed meeting with the Lee's Summit West High School winter musical cast last week.  The students were honored by being selected to perform at the state Capitol on March 16.  My time with the group was very well spent.  I always find it fruitful to meet with students, talk with them about the job of a state representative, and be challenged with their questions and concerns.

Members of the cast performed "What I Did for Love" from "A Chorus Line" as part of the Fine Arts Education Day, sponsored by the Missouri Alliance for Arts Education.

Health Care Vote

To protect Missourians against being forced to purchase health insurance, I voted for HJR 48, 50 & 57 in the House of Representatives.  This resolution, passed last week, proposes a constitutional amendment that would prohibit Missourians from being mandated to participate in any health care system.  This vote is particularly timely in light of Sunday's passage of the health care legislation in the U.S. Congress.

After being passed in the House, the state resolution has been sent to the Senate for its consideration.  If approved by both chambers, it would go to Missouri voters for approval.

The Constitution of the United States limits the powers of the federal government and gives all others not named in the Constitution to the states.  It does not allow the federal government to step into everyone's lives to make an individual's health care decisions.  It does not allow the federal government to require that citizens purchase particular goods and services just because they live in the United States.

As a representative who believes in listening to constituents, I am sickened by the legislative sleight of hand used to force passage of the federal legislation to which most Americans are opposed.  The sheer number and magnitude of the special deals needed to buy votes to pass the federal health care legislation should alert us to the weakness and wrong direction of this bill.

In Missouri, I'm very glad that the House stepped up to pass HJR 48, 50 & 57 to stop health care mandates and the citizens of our state may have a chance to vote on it as a constitutional amendment.  Let's let the citizens decide on this massive re-structuring of our health care system.

House of Representatives Cuts Its Budget

Missouri's budget has undergone numerous cuts in staff and programs as state revenues continue to spiral downward.   As we look for ways to decrease spending in the state budget, we also have made significant decreases in our own House budget as well.

An obvious place to cut in a tight budget year is to decrease our work-related travel expenses.  Most travel expense reimbursements are now being denied.   Professional memberships are also being dropped.  In the past, the House has been a member of several key organizations including the National Conference of State Legislatures, the American Legislative Exchange Council, and the Council of State Governments.  This year, we opted out of our memberships in an effort to reduce spending for a total of $345,000 in savings.

In addition, we worked with the Joint Committee on Legislative Research to eliminate the Legislative Budget Office, which saved $242,000.  We have saved another $100,000 – 200,000 of the House budget fund that would have been used in redistricting responsibilities.

Technology brings a mixed bag of costs and savings and its use, even if beneficial, must always be monitored for need versus available funds.  Therefore, reimbursements for cellular phones used for work have also been eliminated, saving the House $55,000.  In the Chambers, the House plans to replace a cumbersome paper system with laptop computers to reduce paper consumption and costs.  Although laptops are expensive, over time we expect to see significant decreases in paper costs and a more efficient handling of House business.

I hear from my constituents that they are concerned about the cost and size of government.  Out of Missouri's 2010 Operating Budget, only 1.6 cents of every dollar goes to the combined offices of Elected Officials, Judiciary, Legislature and Public Defender.  While the House budget is a very small part of the total state budget, I'm glad that we have joined our fellow Missourians in making sacrifices.

MoDOT to Sell Excess Property

Thirty-two pieces of prime real estate throughout the state will go on the auction block April 26-30 when the Missouri Department of Transportation (MoDOT) holds its second Realty to Roads property sale.   MoDOT plans to use the money on road and bridge projects.

A similar effort to sell excess property last November netted more than $675,000 for road and bridge projects. Because that sale was so successful, the transportation department is looking to move another 32 pieces of property off of its inventory. The parcels range in size from a quarter of an acre to 200 acres.

The property is no longer needed to build, improve or maintain the state highway system. Selling the excess right of way not only brings in extra money for highway projects, but it saves maintenance costs and puts the property back on the tax rolls to the advantage of local communities.

Additional information about the property for sale can be found on MoDOT's Web site, www.modot.org/realtyforsale.

Gatschenberger: Town Hall Invitation, House Opposition to Federal Health Care

Please be my guest!

What:  Town Hall Meeting
When:  Thursday, March 25^th – 7:00 pm
Where:  Wentzville City Hall - 310 West Pearce Boulevard

Why: 
Attendees of my last Town Hall Meeting requested a return visit of speakers for and against the Missouri Fair Tax.  Also attending will be representatives for CLAIM – Missouri's State Health Insurance Assistance Program who will address Medicare issues.  In addition, Missouri Rx representatives, who help seniors and persons with disabilities on fixed incomes save up to 50% on their prescription drugs, will be there and Missouri SMP representatives, who empower seniors to prevent healthcare fraud, will also be in attendance.  There will be a short presentation from Ameren UE as well.

If you have any Medicare issues you need help with… these representatives will be happy to meet with you individually after their presentation.

For questions on the content of this meeting you may contact my Capitol office at (573) 751-3572 or e-mail Chuck{dot}Gatschenberger{at}house{dot}mo{dot}gov

Hope to see you there!

St. Louis Community College Hosts RCGA's Missouri Legislative Breakfast in Jefferson City

On March 17^th St. Louis Community Collegesponsored the fifth RCGA biweekly legislative breakfast in Jefferson City honoring members of the 2010 Missouri General Assembly.  The breakfast was hosted by Ann Brand, Director of Government Affairs for St. Louis Community College [at right with Rep. Gatschenberger & RCGA Public Policy Council Chairman John Sondag]. The breakfast attracted many legislators from across the state as well as several RCGA Public Policy Council members.

House Opposes Federal Government Takeover of Health Care

Constituents have been writing letters, calling and flowing through the halls of the Capitol to express their outrage with the proposed federal takeover of our health care system.  There have been rallies, town hall meetings and demonstrations to show the President and Congress just how serious our citizens are taking the federal health care bill.

Representative Tim Jones, sponsored House Joint Resolution 48, 50 and 57 to oppose government run healthcare.  I sponsored similar legislation… House Joint Resolution 74… which has been heard in committee.  I am looking forward to the debate on the floor.

Upon voter approval, this proposed constitutional amendment would allow individuals, employers and healthcare providers from opting out of participation in the health care legislation Congress may pass.

The legislation prevents individuals and employers from being fined or penalized, allowing them to pay directly for lawful health care services.  It also states that health care providers can accept payment for health care services from individuals or employers without being subject to these fines or penalties.

Finally, it states that the purchase or sale of health care insurance in private health care systems cannot be prohibited by any law or rule passed down from the federal government.

Representative Jones' resolutions act as a shield from the federal government mandates, protecting Missouri citizens.  It serves as an official message from the Missouri General Assembly, and if adopted by Congress, it has a chance of becoming an amendment to the United States Constitution.  An official change will depend on ratification by ¾'s of our nation's states.


Representative Gatschenberger and students at the Francis Howell Parents as Teachers - Annual Read-In
Francis Howell Early Childhood Family Education Center, 4810 Meadows Parkway, St. Charles, MO

House Passes Bill, Making Drug Testing Mandatory for Welfare Recipients

It is important that we help our state's most needy citizens.  Most of these citizens are responsible, hard-working members of society, just trying to keep their heads above water.  On the contrast, there are a small number of those who take advantage of the system.  I believe in order to receive assistance from the state you must test drug-free.

This session, the House voted to pass HB1377, which requires drug testing for those applying for Temporary Assistance for Needy Families (TANF) as well as drug testing for those who are currently receiving TANF through the Department of Social Services.

Applicants and recipients who test positive for the use of an illegal substance will be referred to a treatment program for substance abuse.

If the individual completes the treatment program in a reasonable amount of time and tests negative for drug use, they can regain eligibility for welfare benefits.

However, if the individual fails to complete the program or after completing the program still continues to test positive in subsequent drug tests, the Department of Social Services can, after a departmental administrative hearing, declare the individual ineligible for TANF benefits for one year.

Many recipients have families and small children to care for, and a healthy home environment is vital for a meaningful childhood.  We hope that this bill will be signed in to law and inspire those who receive welfare and use drugs to end that abuse and turn their lives around.

House Members Outraged with Congress, Sending a Clear Message to Washington DC To the Federal Government: Balance the National Budget!

You are a hard-working Missouri taxpayer.  You have bills, expenses and every day items that run up costs.  You know what it means to sit down and balance your budget so you can keep your family on track. In state government, we do the same thing.  Every year, we go through the budget line by line and make the tough decisions necessary to balance our budget.  It's not easy, but it's the right thing to do.

Our federal government is a completely different story.  It's almost as if a balanced budget is a foreign concept to them.  This year, the national budget was out of balance by over 40%.

We are in the midst of what economists are calling "The Great Recession" and spending our way to prosperity isn't the answer – but wise fiscal planning and responsible use of your tax dollars is the answer.

The House of Representatives passed House Concurrent Resolution 34 and 35 sponsored by our Budget Chairman, Allen Icet and Representative Chris Kelly, asking Congress to balance the national budget.

The HCR 34 & 35 comes as an official message from the Missouri General Assembly, and if adopted by Congress, it has a chance of becoming an amendment to the United States Constitution.  An official change will depend on ratification by ¾'s of our nation's states.

With a budget that is over 40% out of balance, and a recent vote to raise the debt ceiling by 1.9 trillion dollars, we need to bring our elected officials in Washington DC back to reality.

Congress needs to stop spending and start standing up for the future of America.  You, as constituents, can help.  If you agree with our resolution to require the national government to balance the budget, contact your U.S. Senators and Representatives and let them know you support us in this effort.

STAY IN TOUCH

As always, please let me know your thoughts about these or other matters of concern by calling my office at: (573) 751-3572 or by emailing me at chuck{dot}gatschenberger{at}house{dot}mo{dot}gov

FUN FACTS

The Missouri Botanical Garden is among the top three botanical gardens in the world!

The first ironclad boat was built by James Buchanan Eads in the Port of St. Louis.  He also built the first bridge using steel truss construction – the 1874 Eads Bridge.

The first Kindergarten in the U.S. was founded in St. Louis by Susan Blow.

Ervin: Health Care Freedom Act Passes House

“The States can best govern our home concerns and the general government our foreign ones.  I wish, therefore … never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market.”
–Thomas Jefferson, letter to Judge William Johnson, June 12, 1823

This week Missouri citizens got the upper hand for a change due to House action on two proposals.

The first win occurred on Tuesday when the House passed the Health Care Freedom Act, which is essential in securing the rights of patients to make their own health care choices.

As I have written before, the question of patient rights has been bubbling to the surface as an issue important to those interested in keeping the relationship between patient and doctor in tact.

The essence of the proposed constitutional amendment is this, "To preserve the freedom of citizens of this state to provide for their health care, no law or rule shall compel, directly or indirectly or through penalties or fines, any person, employer, or health care provider to participate in any health care system."

The proposed amendment ensures that:

• Each Missouri citizen has the right to pay for health care services with their own money,
• Health care providers may accept direct payment for services rendered by Missouri citizens,
• The purchase and sale of health insurance shall not be prohibited by law or rule, and;
• No person will be required to pay fines or penalties if they choose to purchase their own health care and accept payment for providing health care services.

In other words, an individual cannot be forced to participate in a health care system without their consent and that individuals have the freedom to participate.

The second win for Missouri citizens occurred Wednesday when the House passed the Missouri Patient Privacy Act (HB1382).  This legislation extends federal Health Insurance Portability and Accountability Act (HIPAA) privacy protections to any entity that stores your personal health information ensuring that your personal health information cannot be disclosed to anyone without the written consent of the patient, except in cases where the disclosure is in connection with the performance of the official duties of the employee of such entity.

These proposals are now in the hands of the Missouri Senate.  Their fate will depend upon their dedication to our fundamental liberty.

As I have said before, health care is personal, it is about us, each of us, and we deserve our rightful place in making health care decisions.  The Health Care Freedom Act which I have sponsored keeps government in its place and the Missouri Patient Privacy Act which I also sponsored maintains the privacy of our personal health information in this new digital world.

As always, I appreciate hearing your comments, opinions and concerns.  LaTonya Percival, my Legislative Assistant, and I are always available to answer questions and address your concerns.  I can be reached in Jefferson City at (573)751-2238 or you can write me at doug{dot}ervin{at}house{dot}mo{dot}gov or regular mail at 201 West Capitol Avenue, Room 412A, Jefferson City, MO 65101.

Ruestman: Mid-Session Report

This week is spring break for the Missouri legislature!

We are midway through session and a lot has happened as we deal with the economy and work to further Southwest Missouri conservative values.  This is a brief summary of some of the more important bills we've been working on.

Continuing budget problems rank #1 and remain our highest priority this session.  After we reconvened, we went immediately to the work of boosting job growth.  A few weeks ago we passed House Bill 1675 which allows companies who create new jobs in the manufacturing fields to keep 50% of their withholding taxes for up to 10 years.  This is a strong incentive to expand our state's economy.

In December, the governor's tax commission decided to raise taxes on farmers by nearly 29 percent.  Obviously, in a rough economy, tax increases do not create or sustain jobs.  This absurd tax increase landed on farmers following one of the worst agriculture income years since the '40s.  This follows our promise to NOT raise taxes.  Again, I reiterate that in bad economic times we should cut taxes, not raise them.  We were able to block this proposed tax increase.

With state revenue dramatically lower than previous years and worse projections, we are making the necessary cuts to maintain a balanced budget.  This is never easy because everyone feels the cutbacks in some manner.  Beyond balancing the budget, the General Assembly has a further responsibility to wisely spending the money you've entrusted to us.  With House Bill 1377, we made an effort to do just that.  This bill requires drug testing for those applying for Temporary Assistance for Needy Families (TANF).  The Missouri House passed this 115-39.  It is an injustice to allow illegal drugs to be purchased with taxpayers' hard-earned money.

Federal issues have been on everyone's mind this session.  Just this week, the House gave preliminary approval to House Joint Resolution 48 which proposes a state constitutional amendment to protect health care rights.  It prohibits any person, employer or health care provider from being compelled to participate in a health care system.

Session has picked up pace and we should see two of my bills in committee the week of March 15^th.  I will not be writing a report this week because my office is closed.  This is an annual break we take so that we may spend much-needed time with our families.  If you have issues or concerns, we will return on March 15^th and would be happy to assist you at that time.

Kraus: Spring Break

Open Forum Tonight

As noted in last week's report, I will be hosting an Open Forum tonight, Tuesday, March 9, at John Knox Village.  I'll start the forum with an update on legislative activity at the State Capitol, after which the floor will be open for questions and comments from the audience.  This marks the sixth year that I've held an open forum during the legislature's spring break.

The forum will be held from 6:30 p.m. to 7:30 p.m. in the Places Manhattan Room, John Knox Village, on 1001 NW Chipman Road in Lee's Summit.  If you have any questions about this event, please contact my office at (573) 751-1459 or by e-mail at will{dot}kraus{at}house{dot}mo{dot}gov.  I look forward to seeing you there.

Legislative News

The legislature is on spring break this week – that gives me the opportunity to talk with people from home, spend time with my family, and gear up for the second half of the legislative session.  Here is a run-down on some legislation that has been considered in the first half of the session.

I was happy to see that two of my bills have moved forward.  A House Committee Substitute of HB 1227 was voted out of the Tax Reform Committee, which increases the dependency exemption from state income taxes for each qualified child.  This bill would allow families to keep more of their hard-earned money to spend on groceries, school supplies, and children's needs.

Another bill, HB 1691, was passed out of Rules Committee.  This legislation requires the governor to issue annual proclamations for a Walk and Bike to School month and day in October and Bike to Work month, day, and week in May.  Walk and Bike to School days are an opportunity for schools to organize safe passage for kids to walk to school and to help build healthy exercise habits in our young people.

Education Funding

Judging from calls and e-mails to my office, concerns about cuts to educational programs have been high on people's minds.  I have voiced my support of full funding for the school foundation formula and for keeping funding for many valuable school programs.  I have been a long-time advocate for our schools and the value of an education to our children's future.  The most recent proposed state budget from the House called for full funding of the foundation formula.  It includes the full $106 million increase due to elementary and secondary schools next year, whereas Gov. Nixon proposed giving schools just an $18 million bump.

Budget News

When we return from spring break next week, we in the legislature will have our work cut out for us in crafting the state budget. Typically, by the time we have our legislative break, our budget picture has solidified and the budget bills are ready to be debated and approved on the House floor.  This year is drastically different as our budget picture continues to worsen with each passing month.  Revenue figures released for February showed a year-to-date decline of 12.7 percent compared with this time last year, and a 14.6 percent drop in revenues for February.

The governor presented a budget in January totaling $23.8 billion.  About $7.2 billion of that comes from the state's general revenue fund, largely made up of tax revenues. The shortfall we're talking about now could represent 10 percent — or more — of the $7.2 billion that we in the General Assembly control.  Recently, Governor Nixon said he thinks another $500 million will have to be cut from the budget.

Adding to the budget woes, hundreds of millions in anticipated federal assistance have not materialized. The governor's office built $300 million into the budget in additional federal "budget stabilization" funds.  However, these funds are not included in various recession-relief bills poised for passage in Congress.   As a result, when we return from spring break, we will focus on the difficult task of putting together a balanced budget.

Concealed Carry Bills

I have recently signed up to obtain a concealed carry permit, and I am very excited to be able to take the classes necessary to carry a concealed weapon.  As a captain in the U.S. Army Reserve, the safe use of weapons has been an integral part of my life, and I am solidly behind a citizen's right to bear arms.

On this subject, the House Agri-Business Committee has discussed several bills dealing with laws regulating concealed weapons. Five bills would extend the lifetime of a permit to carry a concealed weapon from the current length of three years to a potential five, which would remove some of the cost of renewing a concealed carry permit.

Three bills proposed to lower the minimum age requirement for obtaining a concealed carry endorsement from 23 to 21, while another proposed lowering the age to 18.  Next, the committee will combine these bills into a substitute that can be brought to the House floor for debate.

Health Care Concerns

Health care is another subject on everyone's mind.  In the last weeks of session, the House Health Care Policy Committee, on which I serve, heard testimony on legislation aimed at encouraging doctors and medical staff to provide pro bono health care by offering liability protection through the state's Legal Expense Fund. This legislation would protect medical staff that provides their services for free at neighborhood clinics.  These services benefit people who do not have health care insurance and who use free clinics to see a doctor or nurse.

While we in the House have passed measures to improve the health care system in Missouri, I continue to hear opposition to the massive and expensive federal legislation that seeks a major overhaul of our health care system.  In response to federal health care legislation currently being considered by Congress, the Missouri House gave initial approval last week to a proposed constitutional amendment that would protect Missourians from being compelled to participate in any health care system, HJR 48, 50 & 57.  If put to a vote of Missourians and passed, the amendment would protect Missourians from government mandates to purchase health insurance.

Law Enforcement Will Crack Down on Seat Belt Violations March 15-31

Under Missouri's Graduated Drivers License Law, seat belt use is required for young drivers.  It is a primary offense. Unfortunately 40 percent of Missouri teens don't buckle up. Law enforcement will be out in full force March 15-31 to crack down on unbelted drivers and save lives. Officers will ticket teens who aren't buckled up.

Many young drivers believe that fatal crashes will never happen to them.  However, one in four Missouri traffic crashes involves a young driver. Between 2007 and 2009, 304 teens, aged 15 to19, were killed in traffic crashes. Of those killed, 72 percent were unbuckled.

The Missouri Coalition for roadway Safety is also sponsoring an educational campaign to influence teens.  The Get Your Buckle On campaign begins March 8 and runs through March 28. It will include TV, radio and Internet advertising.  Information about the campaign can be found at http://www.getyourbuckleon.com/.

Cunningham: Progress on the Health Care Freedom Act

I just wanted to take the opportunity to quickly update everyone on the Health Care Freedom Act’s progress. Today I’m happy report that the House version of the Health Care Freedom Act was perfected (in the House) by a vote of 113-40 and optimistically will soon be sent over to the Senate.

My Senate version of the bill has been passed out of committee and currently awaits acceptance and placement on the calendar. I sincerely appreciate all those who have come out and shown their support, and all those who have shown an interest in the issue. Each of you has my word that I will fight tirelessly until our constitutional rights in Missouri are fully protected from federal encroachment.

If you have any questions please feel free to contact me at my Capitol office.

Ervin: Session Notes - Part 2

"In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution." –Thomas Jefferson, fair copy of the drafts of the Kentucky Resolutions of 1798


This week the Missouri House debated three separate proposed constitutional amendments.

HJR86 - Right to Raise Animals

Upon voter approval, this constitutional amendment, in order to protect Missouri's agricultural economy, affirms the right of Missouri citizens to raise domestic animals in a humane manner without the state imposing an undue economic burden on their owners.  No law criminalizing or regulating crops or the welfare of domesticated animals will be valid unless based upon generally accepted scientific principles and enacted by the General Assembly.  The resolution will not prohibit or limit the right of a city or county to enact ordinances and will not invalidate a state law that makes it a crime to grow a crop that has been declared a controlled substance.

HJR76 - Birds, Fish, Game, Wildlife, or Forestry Resources

Upon voter approval, this proposed constitutional amendment requires a four-sevenths majority for voter approval of initiative petitions relating to harvesting bird, fish, game, wildlife, or forestry resources.  Initiative petitions that establish, amend, or repeal sales taxes for conservation purposes will still require only a simple majority approval.

HJR48, 50, & 57 - Health Care Freedom Act

Upon voter approval, this proposed constitutional amendment prohibits any person, employer, or health care provider from being compelled to participate in any health care system.  Individuals and employers may pay directly for lawful health care services without being subject to fines or penalties, and health care providers can accept payment for health care services from individuals or employers without being subject to fines or penalties.  The purchase or sale of health care insurance in private health care systems cannot be prohibited by law or rule.

Also, this week the dark cloud of declining revenues grew darker.  The February revenue collections are getting worse, not better, with February collections being down from last year by 14.6% bringing our year-to-date revenue collections down to a negative 12.7%.  I have written extensively on my doubts that Missouri's revenue picture would improve and that the Governor's recommended budget was too optimistic along with the consensus revenue estimate, which now appears will have to be lowered.

The significance of the shortfall in revenue that we face this year, and next, cannot be underestimated.  This is the time when the Governor, the House, and the Senate must work together to fix the structural problems in our state budget.  This will require very difficult decisions, courage, and realism - it is not a time for gamesmanship and politicizing.  We can no longer hope that better times will come.  State government must live within its means just like the rest of us.

As always, I appreciate hearing your comments, opinions and concerns.  LaTonya Percival, my Legislative Assistant, and I are always available to answer questions and write me at doug{dot}ervin{at}house{dot}mo{dot}gov or regular mail at 201 West Capitol Avenue, Room 412A, Jefferson City, MO 65101.

Ervin: Health Care and Obligations of Citizenship

"The States can best govern our home concerns and the general government our foreign ones.  I wish, therefore … never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market."
–Thomas Jefferson, letter to Judge William Johnson, June 12, 1823

As the national debate on health care continues in Washington, DC, several states across the Nation are taking steps to protect themselves and their citizens in their state constitutions.  Missouri is one of those states.  This week a public hearing was held on House Joint Resolutions 48, 50, and 57 which are essential in securing the rights of patients to make their own health care choices.

Even before the events in Washington, DC, the question of patient rights has been bubbling to the surface as an issue important to those interested in keeping the relationship between patient and doctor in tact.

The essence of the proposed constitutional amendment is this, "To preserve the freedom of citizens of this state to provide for their health care, no law or rule shall compel, directly or indirectly or through penalties or fines, any person, employer, or health care provider to participate in any health care system."

The proposed amendment ensures that:

• Each Missouri citizen has the right to pay for health care services with their own money,
  
• Health care providers may accept direct payment for services rendered by Missouri citizens,
  
• The purchase and sale of health insurance shall not be prohibited by law or rule, and;
  
• No person will be required to pay fines or penalties if they choose to purchase their own health care and accept payment for providing health care services.

In other words, an individual cannot be forced to participate in a health care system without their consent and that individuals have the freedom to participate.

Think about it, there are two general obligations for citizenship in America:  paying taxes and the draft.  Proposals in Congress today would add a third obligation of forcing each American to purchase health insurance.  Never before has the federal government used the force of the federal government to compel every citizen to purchase a product or service.

We can have the debate about whether it is responsible for someone to go without health insurance, but that is a completely different conversation than saying that every citizen must, by the force of law, purchase health insurance or enroll in a government program thereby binding them to the will of faceless bureaucrats.

Some argue that such an amendment to a state constitution is unconstitutional.  They argue that the supremacy clause of the US Constitution trumps state actions.  It is time that we consider another constitutional principle, that of federalism.  As a constitutional principle, it is important not only to the appropriate division of powers between the federal government and the states, but also the ever important pursuit of individual liberty and limited government.

Traditionally, states have been considered laboratories of democracy and innovation.  The states were able, even expected, to develop policies reflecting the widely varying local conditions of our great land, and that is especially important in health care.  Today, the federal government is asserting, if not amassing, its authority over the American life in regards to health care, imposing a "one size fits all" policy.  Now is the time to reassert the proper constitutional role of federalism so that future power grabs become more difficult and less likely.

We should allow the people of Missouri to vote on this proposed amendment, allow us to voice our belief in liberty, allow us to direct the future of our state, allow us to direct the future of health care, allow us to retain the freedom that we already enjoy.  If a constitutional challenge arises, then let's have that discussion, but let us not be intimidated into silence and inaction with threat of litigation.

Federalism is all about keeping government within the reach of the people, about keeping government in its place.  Health care is personal, it is about us, each of us, and we deserve our rightful place in making health care decisions.  The Health Care Freedom Act which I have sponsored keeps government in its place.  As Alexander Hamilton proclaimed before the New York ratifying convention, "Here, sir, the people govern."

As always, I appreciate hearing your comments, opinions and concerns.  LaTonya Percival, my Legislative Assistant, and I are always available to answer questions and address your concerns.  I can be reached in Jefferson City at (573)751-2238 or you can write me at doug{dot}ervin{at}house{dot}mo{dot}gov or regular mail at 201 West Capitol Avenue, Room 412A, Jefferson City, MO 65101.