Rep. Doug Ervin: Health Care Freedom Act Passes House
By: Rep. Doug Ervin
35th District
“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 I wish, therefore … never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market.”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, in a letter to Judge William Johnson, June 12, 1823
Health Care Freedom Act Passes House
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.ervin@house.mo.gov or regular mail at 201 West Capitol Avenue, Room 412A, Jefferson City, MO 65101.
For a better Missouri,
Doug Ervin
State Representative
District 35, Missouri
Bob Nance Capitol Report for March 10th, 2010
By: Rep. Bob Nance
36th District
“The House will be on Spring Break until March 15th. When we return to session, we will be working on the State Budget for 2011. Due to revenue shortfalls, this will be an extreme challenge. Governor Nixon’s proposed budget includes $300 million in federal money that is not guaranteed. In addition, predicting state revenue for the upcoming year is not going to be an easy task for the budget committee. Our next priority is job creation. Several jobs bills are being considered by both the House and the Senate and I will keep you updated.”
For the first two months of the session, two major accomplishments were passing an autism bill and stopping the state from drastically increasing taxes on our farmers. According to House Communications; Director, Trevor Fox, following is where we stand with bills filed:
By the numbers:
# House Bills Filed - 1,095
# of HBs Referred to Committee - 393
# HBs Reported Do Pass - 57
# HBs Reported Do Pass Consent - 31
# HBs Perfected - 13
# HBs Third Read - 10
# HBs Reported Do Pass in the Senate - 2
In the District
Last Monday, I was a guest reader for “Read across America ” at Dear Elementary. Both classes were told of our founding fathers Ben, John, George, Paul and Tom. They enjoyed the quips of Ben Franklin the most.
On Friday, I attended the Chamber before Hours in Richmond before visiting the Ray County Commissioners.
On Saturday, Lawson Masonic Lodge hosted MoCHIP and signed up many local kids to the ID program.
Ideal Industries held their annual chili luncheon at noon and I was honored to be a server with over 20 other volunteers.
The Excelsior Optimist Club, of which I am President this year, held their annual benefit auction at Gary Ryther’s North Country Community Center in Lawson. Special guests included Larry Moore (Channel 9) as an auctioneer and Don Harmon (Channel 4) as the emcee.
On Sunday, South Point Cemetery Association raised funds for the care of the cemetery at the Lion’s Club in Orrick.
The Optimist Oratorical contest was held Sunday under the leadership of Norma Geiss.
Winners were:
First Place - Gabriella Hernandez
Second Place - Hadley Creed
Third Place - Hope Mohr
Runner up - Ashley Harness
I also attended the Country Music Show at the Farris Theatre. David and Bonnie Allen planned the event to raise funds for the Henrietta Baptist Church missionary trip to Mexico this year. David certainly brought in some great entertainment.
Coming Friday will be the season opener for the “Second Friday Art Crawl” in downtown Excelsior Springs.
Richmond ’s Education Foundation is having a benefit auction Friday at the high school.
On Monday Tom Waters and I attended a Sam Graves event to discuss farming issues at the state and federal level.
Personal Note:
By the time you read this, I hopefully will be recuperating from a minor surgery. I will, however, be available for any questions or concerns you may have during the break.
In your service,
Bob Nance
Clay County Pachyderm Meeting Thursday, 3/11, 6-8 PM. All Are Welcome!
Clay Pachyderms Welcome The Randles to Discuss Race and the GOP
The Clay County Pachyderms will meet on Thursday, March 11 from 6 to 8 PM, at Staley Farms Clubhouse. The topic will be “Race and the GOP: A New Framework.” The featured guest speakers, Bill and Bev Randles, will address the need for the Republican Party to reach minority voters and how that can be done.
The Randles will explain how historically the GOP has been the party that has championed civil rights for all races yet why the Democrat Party has been perceived to be the more inclusive party since the 1960s. Sharing from personal experiences as a racially diverse family, they will highlight what Republicans need to focus on to reach minority voters. Pachyderm board member Kevin Corlew heard the Randles speak on this topic at the GOP’s annual Lincoln Days in February. “The timely presentation was at the same time informative, challenging, and inspiring!” said Corlew.
Bev and Bill, both lawyers, own and operate Randles Consulting, a company that advises businesses in areas of public policy, communications, and risk assessment. Before starting this business, they were litigators with a KC-based, international law firm. They combine over 30 years of legal experience with communication expertise and a deep understanding of policy implications and practical consequences.
The Pachyderms meet at the Staley Farms Golf Club Clubhouse, 10310 North Olive Avenue, Kansas City, Missouri. The cost is $10 (members) and $12 (non-members), which includes hors d’oeuvres and a drink ticket. Parking is free.
For further information about the club, visit www.claycopachyderms.org. The Pachyderms can also be found on Facebook and Twitter. Questions can be directed to claycountypachyderms@gmail.com, or call (816) 536-9193.
Rep Doug Ervin: Capitol Comment
By: Rep. Doug Ervin
35th District
“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 address your concerns. I can be reached in Jefferson City at (573)751-2238 or you can write me at doug.ervin@house.mo.gov or regular mail at 201 West Capitol Avenue, Room 412A, Jefferson City, MO 65101.
For a better Missouri,
Doug Ervin
State Representative
District 35, Missouri
March Clay County Republican Central Committee Meeting
This is a reminder that there will be a Clay County Republican Central Committee meeting on Tuesday, March 9th at the Courthouse in Liberty at 7:00 p.m. The meeting will be held in the Commissioner’s Room on the top floor. Please enter through the side entrance (handicapped entrance) where the doors will be unlocked. Our guest speakers this month will be Dr. John T. Broom, who will discuss progressives and the economy, and Tom Brown, Chief of Staff for Congressman Sam Graves. This meeting is open to the public, so please stop by!
What: CCRCC Meeting
When: Tuesday, March 9, 2010, 7:00 pm
Where: Clay County Courthouse, 3rd floor - Commissioner’s Room
Who: Open to the public - all are welcome!
Rep Doug Ervin: Building Castles in the Sky
By: Rep. Doug Ervin
35th District
“The principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.”
- Thomas Jefferson, letter to John Taylor - May 8, 1816
Last week Governor Jay Nixon delivered the annual State of the State address to the Missouri General Assembly, the Missouri Supreme Court, Missouri Cabinet heads, and to the people of our great state.
This annual address has become the vehicle for a governor to outline his vision for Missouri and present the executive branch’s budget recommendations for the next fiscal year. It is also the event that adds definition to the agenda boundaries of each body in the legislature and the governor’s office for the current session of the General Assembly.
This year’s State of the State address did none of that. In fact, Governor Nixon dodged revealing the actual state of the state and it is now painfully obvious why after he has revealed his proposed budget to the General Assembly.
As I mentioned in a previous column, the Governor, House, and Senate budget leaders have agreed upon the revised consensus revenue estimate for the remainder of this fiscal year which ends on June 30, 2010 predicting that revenues will be 6.4% less than expected at $6.97 billion in general revenue. The fiscal year 2010 budget was passed based upon an overly optimistic revenue estimate of $7.76 billion.
They also agreed upon the consensus revenue estimate for the next budget year which begins on July 1, 2010 suggesting a growth in state general revenue collections of 3.5% resulting in $7.223 billion of general revenue.
It was revealed this week that January revenues are 22.36% less than they were in January of last year with year to date revenue collections now falling to a negative 12.55% down from 10.5% last month year to date. As a result, Governor Nixon announced another round of withholds from the current budget of $74 million.
Unlike Congress, we must have a balanced budget. The state of Missouri can’t print money to satisfy unrestrained and politically motivated spending habits - even in an election year. To have a balanced budget, the General Assembly and the governor’s office must build a state budget at or, preferably, below that target.
Governor Nixon’s budget proposal would spend $8.317 billion of general revenue, a number that exceeds the agreed upon CRE by $1.09 billion, or 15% - this is not a balanced budget proposal. The governor would pay for these excessive increases with federal “stimulus” money, which I contend is federal “dependence” money, which Missouri is expected to receive which is about $900 million dollars plus a phantom $300 million that might come from the federal government even though the legislation has not been passed by Congress yet.
After years of fiscal discipline, a budget is now being proposed that relies on significant one-time monies that may or may not materialize. Our budget difficulties earlier this decade stemmed from uncontrolled spending that relied on one-time monies. This can’t be done, but politicians are often afraid of making the difficult decisions that require discipline, because they fear unpopularity, especially in an election year like this one.
The disciplined decisions of the past few years have put Missouri in better financial position to weather this economic downturn than most states. Missouri remains one of only seven states that still have a triple-A bond ratings from the three major bond rating agencies.
The proposed budget suggests that $900 million of one-time monies be used to pay for ongoing operating costs of government and its programs. This money will not be available next year. It may be considered good politics by some, but it is lousy fiscal policy. We can’t allow the federal “stimulus” to lead us down the path to ever more federal dependency and greater threats to the pocketbooks of Missourians.
Data released this week claim that unemployment may drop to 9.8% this year, down from the current 10% unemployment rate. The data also suggests that with 5% growth in GDP throughout the year, unemployment would only drop to 9%.
How out of touch with our existing economic situation can we be to accept a budget that requires a 15% more general revenue knowing that we are currently experiencing 9.6% unemployment in Missouri? It just won’t happen - even the 3.5% CRE is too high and is setting us up for even bigger budget problems next year and years after.
This is a time for restraint, a time to prioritize, and a time to drive efficiencies into the state bureaucracy. It is a time to shed the hindrances that hold back innovation and invention, a time to empower Missourians to build dreams, not sustain them where they are.
People are outraged with the unparalleled and unabated spending spree in Washington, DC that denies the economic realities that we live in. Missouri cannot, and must not, follow in those footsteps.
This is a time when doing what is right is far more important than doing what is popular and hiding our actual state of the state. We can’t spend time building castles in the sky and hoping for a miracle. Lest we forget, hope is not a plan.
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.ervin@house.mo.gov or regular mail at 201 West Capitol Avenue, Room 412A, Jefferson City, MO 65101.
For a better Missouri,
Doug Ervin
State Representative
District 35, Missouri
Bob Nance Capitol Report for February 4th, 2010
By: Rep. Bob Nance
36th District
On the 100th Anniversary of the Boys Scouts of America
“I think the character that you learn in Scouting—working together, being honest with each other, being close knit … and depending on one another, on our camping trips and doing things—all these things build character in a young man that he takes with him into adulthood and makes him a much better citizen. And that’s why Scouting to me has always been an organization I’ve always wanted to help. I think it’s one of the best youth organizations that we … have in this country.”
- James A. Lovell Jr., Mission Astronaut, Apollo 13
Better Bridges and Roads:
MoDOT has named the bridge replacements and repairs for the District for 2010.
The westbound bridge over 69 Highway in Excelsior springs is scheduled for completion by November 30th.
The bridge over Fishing River in Ray County on Highway 10 is scheduled for November 30th completion.
The smaller bridge on Clay County “N” highway will be closed from July 29th through November 21st for replacement.
The bridge over Tryst Falls on 92 Highway will be closed April 1st until May 25th.
In 2010, 18 miles of Highway 13 will be resurfaced from the Caldwell County Line to highway 10 in Richmond .
Highway C from Highway D to Elmira will receive a “chip and seal”.
Route O will receive an overlay between May and September.
Route A will have three bridges “Design Build” this year.
A bridge at K highway and 13 Highway is also scheduled and a bridge on Route E near the Caldwell County Line.
State Budget:
Budget Chairman Allen Icet responded to questions on the budget recently.
“Many believed we had seen the worst of the economic downturn and that this year would be better— but they were wrong. Unfortunately, this year we face a grim economy and one far worse than last year during the budget crisis.” The Senate, House, and Governor must work responsibly with Missouri’s tax dollars as this year’s budget is crafted.
At the Capitol
HB 1521, which is a “Silver Alert” for seniors, was forwarded to Senior Citizen Advocacy Committee.
HB 1544 was passed out of the House on Tuesday. The bill extends the state’s eligibility to receive federal extended unemployment benefit money to provide unemployed individuals compensation beyond the current unemployment benefit period that ended December 5, 2009. The state will not incur any costs of the extension of benefits.
Marti Cowherd visited the Capitol representing the Ray County Family Practice on Tuesday. Justin Mohn of Excelsior Springs is working as an Intern for Senator Jolie Justus. He is in his junior year at the University of Missouri .
Congratulations to the Lawson and Orrick School Districts on being recognized by the Missouri Department of Elementary and Secondary Education and the Central Regional Professional Development Center as 2009 Distinction in Performance Award Recipients.
In your service,
Bob Nance
Clay County Pachyderm Meeting Thursday, 2/11, 6-8 PM. All Are Welcome!
Missouri House Budget Chair to Speak to Clay Pachyderms
The Clay County Pachyderms gather for their monthly meeting on Thursday, February 11 from 6 to 8 PM. The featured guest speaker will be Representative Allen Icet, who currently serves as the Chairman of the Budget Committee in the Missouri House of Representatives. Completing his second term in the House, Mr. Icet is running for Missouri State Auditor in 2010.
Mr. Icet, a Republican, has had a long-standing reputation of serving Missouri taxpayers with integrity. In January, he pledged that his first action as State Auditor would be to conduct a vigorous audit of federal stimulus funds received by the State of Missouri.
The Pachyderms meet at the Staley Farms Golf Club Clubhouse, 10310 North Olive Avenue, Kansas City, Missouri. The cost is $10 (members) and $12 (non-members), which includes hors d’oeuvres and a drink ticket. Parking is free.
For further information about the club, visit www.claycopachyderms.org. The Pachyderms can also be found on Facebook and Twitter. Questions can be directed to claycountypachyderms@gmail.com, or call (816) 536-9193.
February Clay County Republican Central Committee Meeting
This is a reminder that there will be a Clay County Republican Central Committee meeting on Tuesday, February 9th at the Courthouse in Liberty at 7:00 p.m. The meeting will be held in the Commissioner’s Room on the top floor. Please enter through the side entrance (handicapped entrance) where the doors will be unlocked. This meeting is open to the public, so please stop by! This month we will have Myles Perry as the guest speaker. Myles is an attorney and will be speaking about Gitmo.