Fee Increases Are Not A Budget Solution

by Representative Jarrod B. Martin

Ohio’s economic crisis has presented lawmakers with the unique opportunity to examine state spending, rein in costs and create a more efficient, effective government structure. However, many of Ohio’s leaders chose to maintain the tax-and-spend status quo by placing a heavier financial burden on the people of our state.

Instead of creating a sustainable state budget, Governor Strickland and House Democrats raised taxes and created more than 150 new fines, fees and penalties to support Ohio’s ever-growing government spending. Specifically, these fees will affect each and every Ohioan because they will be imposed on everything from court costs and birth certificates to real estate licenses and hospice applications.

One way the Democrats are nickel-and-diming their way to a balanced budget is through a $20 late fee for renewing your vehicle registration and driver’s license. Since October, 400,000 individuals have been forced to pay this late fee, which has fattened the budget by more than $6 million to benefit the tax and spend party that is in control.

In times of economic hardship, state government should shrink its spending to fit its means, not grab at constituents’ pocketbooks to feed its growth. For this reason, I cosponsored legislation to repeal this $20 BMV late fee on motor vehicle registrations, driver’s licenses and motorcycle endorsements. House Bill 428, introduced by Representatives Ron Amstutz and Terry Boose, has bipartisan support in the House and will help keep Ohio’s government accountable to the public.

It is my belief that the government should serve the people, not the other way around. The day we start squeezing petty dollars out of hardworking families is the day we should finally commit to cost-saving measures to rein in state spending. There is no excuse to justify robbing the taxpayers of money that could have been used to put food on the table or help pay their bills-especially when there are so many alternatives on the table.

Since the beginning of the General Assembly, House Republicans have proposed numerous bills that would streamline state spending, reduce Medicaid waste and audit state agencies. Most of all, these bills would hold Ohio’s elected officials accountable for their expenditures and ensure that each dollar spent has a dollar’s return. Together, our bills would increase government efficiency by saving the taxpayers more than $1 billion annually, which would not only put our state on track toward a balanced budget but also eliminate the temptation to raid the wallets of our constituents.

Ohio has a spending problem, not a revenue problem. It is long overdue that state leaders stop pilfering money from individuals who are just trying to make an honest living and provide for their families. As always, I will continue the fight for an accountable, efficient state government.

$17.4 million awarded to Greene County Career Center Awarded

According to State Representative Jarrod Martin, the state Controlling Board approved $17.4 million for a complete renovation of the existing career center building located in Xenia, Ohio.

“The Greene County Career Center plays a vital role to the education of our community.” Martin said. “These renovations will help to ensure that Greene County citizens continue to have state of the art facilities in which to expand their minds and grow their capabilities.”

The Controlling Board approval means that the Greene County Career Center will be able to move forward with the first phase of the project. The initial phase will include a partial roof replacement, upgrading the heating system, interior and lighting upgrades and is estimated to cost $6.2 million.

The Greene County Career Center serves approximately 603 students from the Beavercreek, Fairborn, and Xenia school districts as well as those of Yellow Springs, Greeneview, Sugarcreek TWP, and Cedar Cliff.

Why a Constitutional Convention To Correct Unconstitutional Health Care Legislation Is Not A Good Idea

Alabama Policy Institute is calling for a constitutional convention under the 5th Amendment to correct the abuse of power by the Democrat-led Congress demonstrated by the recent passage of the Health Care Reform legislation. API’s intentions are no doubt good, but their proposed means is not.

Nevertheless, API President Gary Palmer does make some legitimate observations:

At least 36 states have introduced legislation against the implementation of the act. These actions, known as nullification, fail to address the major problem and have limited chance of success. Nullification is designed to persuade Congress to alter its action; this Congress appears immune to persuasion.

Other states have sued, claiming that the act is unconstitutional. These efforts will likely be futile because of the federal courts’ expansive reading of federal power.

Even if they are successful, repealing one act does little to address Congress’s habitual overreaching. The best course may be for the states to petition under Article V to amend the Constitution by calling a convention.

It’s that last phrase–calling a convention–that is troublesome. As with the Constitutional Convention of 1787, such a convention is a Pandora’s box. Once opened those chosen to participate from each state can rewrite the Constitutional anyway they like. No limits exist to what they may do or to what extent they may rewrite the fundamental law of the land.

Because politicians, most of whom are lawyers, are not trustworthy;
because the corruption in law and politics resembles the British government at the time of the Revolution; and because too many people vote based on the kick back in money, power or some other personal benefit they will receive, a convention presents too much potential danger to allow.

It is true as noted by Palmer that the proposed changes to the Constitution must to accepted by three-fourths of the states. Yet, a majority of the states voted in the current abusers of power. A majority of states and their representatives believe in the socialist cause of the same.

A similar and safer method would be to seek to amend the Constitution to prevent further abuse of power by federal politicians and those employees who circulate though the various related institutions. They are often the brains behinds the abuse of power as lobbyists and elected deal-makers. The amendment process does not require a closed door free-for-all convention.

The fact that Palmer quotes Alexander Hamilton makes me a little queasy. For it was Hamilton and his like-minded investors who thwarted the Constitution in their efforts to establish a federal bank corporation. Even though the official convention record keeper failed to record the debate on the day of it final determination, others like James Madison did record the debates concerning a federal bank and federal power of incorporation. Their records clearly show a majority decision against giving the federal government authority to incorporate and particularly federal bank. How convenient of the official record keeper.

Today, we have federally incorporated Federal Reserve, Fannie Mae, Freddie Mac, all recession producing corporations.

Ohio Liberty Council and Tea Party Groups Challenge Obamacare with Constitutional Amendment

The Ohio Liberty Council, a statewide coalition of over 25 grassroots groups including the Dayton Tea Party, submitted a proposed state constitutional amendment on Monday, March 22, that will “preserve the freedom of Ohioans to choose their health care and health care coverage.” The amendment, drafted by the 1851 Center for Constitutional Law, would protect Ohioans from the financial burdens and individual mandates contained in the new federal health care measure passed by Congress. The group filed constitutional amendment summary language and nearly 3,000 signatures from registered voters in 48 counties with the Ohio Secretary of State and Attorney General.

“The health care reform bill’s requirement to maintain minimum essential coverage essentially asserts that if you are alive, you must buy health insurance that is acceptable to the federal government. However, the mere act of being alive is not commerce that can be regulated by the federal government,” said 1851 Center Executive Director Maurice Thompson. “Accordingly, the legislation is constitutionally tenuous, and will take a backseat to our constitutional amendment, which upon enactment, will be a fundamental right amongst all Ohioans.”

The amendment provides that:

  • In Ohio, no law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system;
  • In Ohio, no law or rule shall prohibit the purchase or sale of health care or health insurance; and
  • In Ohio, no law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.

The amendment does not:

  • Affect laws or rules in effect as of March 19, 2010
  • Affect which services a health care provider or hospital is required to perform or provide
  • Affect terms and conditions of government employment; and
  • Affect any laws calculated to deter fraud or punish wrongdoing in the health care industry.

This constitutional amendment will do what our leaders in the Statehouse and Congress have failed to do – protect Ohioans from federal mandates on personal behavior.

Imperial Health Care Anyone? Witness the Lord’s Day Debacle

If Democrats pass the Obamacare bill, America will enter further into the domination of global socialism. Contrary to elite members like Obama, Clinton, and Soros, our constituted nation was not founded on the consent of the duped by the deceiving salesmanship of power-mongering tyrants. It was founded on the coterminous principles of the informed consent of the governed and a covenant with the Providential Creator–God of truth. If that consent is based on cleverly devised half-truth or lies, the consent was not valid or legal.

If our supposed-representatives in DC have not even read the bill in order to determine its costs and benefits, it cannot be said that they have represented anything for any constituents. Their party line Yes or No vote means nothing. The only real meaning it has is a vote for the party agenda. Based on such a vote, no law can be enacted that violates our rights and Constitution.

That is what the Obamacare legislation does. Dictators dictate law. Obamacare law purports to dictate to free citizens by coercing them to purchase one of three healthcare insurance policies at the point of criminal prosecution, financial penalties, and possibly (at some point) imprisonment. By ultimately eliminating a free market in healthcare, the Democrats will force the same kind of failed socialist health care system experienced by Canadians and Europeans.

The grossly false claim that the best health care system and economy in the world will allow thousands of people die without a socialist take-over of the healthcare system is countered by the testimonies of Canadians and Europeans who would have died had they not come to America for treatment. They would have died like many others because they had to wait for their turn to receive medical treatment.

Just as many more unborn children will certainly be killed under Obamacare, many more elderly can be expected to die because of a decline in quality care.

Moreover, small businesses will be adversely affected by the mandates imposed on them by Obamacare. Small business owners and many in the middle income tax bracket will end up paying up to a quarter of their income on health care costs as structured by Obamacare, according to American Enterprise Institute Fellow and Physician Scott Gottlieb.

Health care costs will not decrease because of Obamacare; they will increase because of the various costs to insurers, businesses, and their inflationary costs passed on to consumers. Everyone will pay more for less.

Because the price tag of Obamacare is over a trillion dollars, all will pay higher taxes either directly or indirectly. On top of higher taxes and cost of goods, the increase in federal debt will trickle down through the loss of jobs, reduction of income levels, decrease in number of small businesses, or some combination of them. As financial analysts keep warning, more government debt means fewer investment dollars, which in turn means less capital for current and start-up businesses. Thus making it a real possibility that America will enter into a European-like level of value-add tax socialism that once characterized the Roman Empire. Rome fell in part because it was overburdened by financial debt, by many over-taxed angry subjects, and by ever-increasing political corruption.

Pax Americana may be next.

I pray the gracious, the powerful, and the providential God defend and protect America from the political scheme aimed at winning votes in November’s election at the expense of all our economically common good. Long live the true and supreme Lawmaker, King, and Judge.

(See also my previous posts on how health care reform legislation effects small businesses and its funding of abortion.)

Ohio Right-to-life Opposes Ohio House H.B. 333

H.B. 333, which was introduced by State Rep. Dan Stewart (D, Columbus) in October, has been advancing in the Ohio House Health Committee. A hearing was held for proponents of the bill on February 24 and the bill is scheduled for proponent, opponent and interested party testimony on Wednesday, March 3.

The bill tramples on the conscience rights of medical professionals and religious hospitals.

Under H.B. 333:

  • Hospital emergency rooms, including those at religiously-affiliated hospitals, are required to provide the morning-after pill (referred to as “emergency contraception”) to victims of sexual assault.
  • Hospitals would be required to inform the women that emergency contraception “does not cause an abortion” or “interrupt an established pregnancy”. (Because “emergency contraception” in some cases may cause the death of an early human embryo by preventing implantation after fertilization has occurred, this information would be very misleading to any pro-life person who believes that life begins at fertilization.)
  • If a hospital violates these requirements, the Department of Health can impose a civil penalty of at least $10,000 with no limit on the maximum penalty. If there is a second violation, the State can seek an injunction to close the hospital.

H.B. 333 – Key Arguments

  • The bill violates the conscience rights of pro-life health care workers and religiously-affiliated hospitals by forcing them to distribute the morning-after pill, which, in some cases, might cause the death of a living human embryo.
  • The State of Ohio should not coerce health care providers into violating their religious and moral objections against ending a human life.
  • The bill requires hospital emergency rooms to give women misleading information that the morning-after pill does not cause an abortion or interrupt an “established pregnancy”.
  • This information would only be relevant in obtaining the informed consent of persons who had moral concerns about abortion, and those are precisely the persons who are most likely to be misled by it.
  • Although supporters of this bill claim to be “pro-choice”, their bill would deny pro-life people in the health care professions the “freedom to choose” not to participate in the destruction of human life.
  • This bill would require health care providers to violate the original Hippocratic Oath which stated: “I will neither give a deadly drug to anybody who asked for it, nor will I make a suggestion to this effect. Similarly I will not give to a woman an abortive remedy.”
  • If the State of Ohio decides that the desire for immediate access to the morning-after pill for rape victims requires health care providers and facilities to provide it despite their moral objections, it will set a precedent for using a similar argument to require health care providers and facilities to provide surgical abortions.
  • The morning-after pill is already widely available at many pharmacies (over-the-counter for adults and by prescription for minors under age 17), yet the proponents of this bill want to force even pro-life hospitals to dispense it.
  • Although proponents of the bill claim it is needed to improve access to health care, the bill allows the State to close a hospital for failing to distribute the morning-after pill. How would closing a hospital improve access to health care for anyone?

Former Air Force officer to challenge incumbent Steve Austria in May 4th primary

John Mitchel, former Air Force officer, is seeking the 7th Congressional District seat. He will be the sole challenger in the Republican primary to first term incumbent Steve Austria. Mitchel is not new to politics. He challenged Bob Taft for governor in 1998, and George Voinovich in the 2004 Republican primary when he received more than 195,000 votes.

In response to the announcement, Mitchel said, “America is at the abyss, and we are not far from the point of no return. Since 1983 we have had a series of career politicians representing the 7th Congressional District including Mike DeWine, Dave Hobson and Steve Austria. It’s time for that line of succession to end.”

Lieutenant Colonel Mitchel stakes out what he says are three irreconcilable differences with the incumbent: His passion for government reform, term limits and tax reform, specifically the FairTax.

“It all starts with government reform. Recall the 1994 Contract with America when the Republican caucus drafted a bill that declared Congress must live by the same laws as the people. That was a virtual confession that 435 congressmen and women were operating outside the law, but nothing changed,” commented Mitchel. “It’s time to bring citizen legislators to Washington; term limits and a tax code that is fair, simple and pays the bills will help make that happen.”

At A Glance:

Name: John Mitchel; Age: 62

Education: USAF Academy graduate; MBA, Michigan Tech, masters degree in economics, Wright State University

Career: Air Force Lieutenant Colonel; served more than 22 years as instructor pilot and in the defense acquisition corps; currently systems analyst at Wright Patterson AFB

Top issues: Government reform, term limits, tax reform

Ohio Leads Nation Using Stimulus Funds For Water And Sewer Projects

As reported by the Dayton Daily News, Ohio leads the nation with 274 sewer projects being funded by stimulus dollars. Ohio also ranked third with 62 drinking water projects.

“All told, 700 jobs are being created or retained with the work, officials said. A little more than $279 million in stimulus funds are matched with $196.1 million of low-interest loan money for the projects.”

The inference here is that it takes a little over $678,000 to keep 700 water works and construction workers employed. The report did mention for how long.

At one point, City of Xenia officials thought they might be able to get stimulus funds to repair a retaining wall at Shawnee Park. I’m sure that would also retain a few workers as well.

I must confess the recent repair of the big hole in front of the sewer on my block was appreciated. If it were not for the multi-billion dollar tax bill at the stimulus gold rush I would hope it was paid for by Obama and Company. It’s that bankrupting stimulus repayment that is too frightening to garnish any confidence in a genuine financial recovery.

Advocates for Liberty and Xenia Liberty Group Event, Xenia Library, Thursday Feb. 25 @ 6pm

The very first meeting of the Advocates for Liberty and Xenia Liberty Group (a chapter of the Dayton Tea Party) will take place on Thursday, Feb. 25 at 6:00 PM at the Xenia Library in the upstairs meeting room.

I want to encourage everyone to attend, connect and become involved with our community at a grassroots level. The Tea Party liberty groups are non-partisan groups; we don’t endorse or sponsor particular candidates nor do we carry water for the Republican Party. We simply want to promote the Constitutional principles of freedom and liberty for all, something which seemingly both parties are failing to understand.

The Feb. 25 meeting agenda includes:

– Rob Scott, founder of Dayton Tea Party, who will discuss the Tea Party movement and goals.

– Ron Alban, will discuss and take signatures for his effort to abolish the Ohio Estate Tax; we also need help with signature petitions in Greene County and this is your opportunity to help abolish this obscene tax in our state.

– Virgil Vaduva will be discussing the proposed 35% increase in Xenia city income tax; there will be a measure on the May 4 ballot and we need your help to defeat this proposal and keep our private property away from the reaching hands of government bureaucrats.

Being our first meeting, we are also looking for leaders and people willing to become involved and be part of our board. If you want to participate, feel free to contact us at any time (info@advocatesforliberty.com).

For more information you can go to http://www.advocatesforliberty.com

Ohio Revenue Commissioner Slams Tax Foundation for Criticizing State’s Gross Receipts Tax

By Joseph Henchman

Ohio Revenue Commissioner Richard A. Levin slams the Tax Foundation for criticizing the terrible Commercial Activities Tax (CAT), a gross receipts tax that Levin himself helped usher in. Economists of all stripes agree that gross receipts taxes, while deceptively simple and low, actually introduce severe economic distortions and result in significantly different effective tax rates on similar or even identical products.

But Levin also says the Tax Foundation is wrong to criticize Ohio for its franchise and intangibles taxes, both of which he says don’t exist. (He even equates them to unicorns and pixie dust). The franchise tax (with a rate of 4 mills, distinct from the corporate income tax) has indeed been repealed, but only very recently (January 2010). Our State Business Tax Climate Index, which comes out each fall, will reflect this repeal in our 2011 report.

As for the intangibles tax, it is alive and well. Levin should know, as he was the named defendant in a case involving the tax that went all the way to the Ohio Supreme Court in 2008, UBS Financial Services v. Levin. For a tax that Levin says was repealed in 1985, it seems to still be imposing significant costs on companies doing business in intangibles. I hope Levin lets UBS know that they don’t need to pay that tax after all.

What really matters, though, is that state officials have long engaged in a propaganda effort to claim that Ohio’s tax system is low and attractive despite significant evidence to the contrary. (Levin notes that he “sense[s] genuine excitement…about our new state tax system.”) In reality, Ohio taxpayers are burdened with the 7th highest state-local tax burden in the United States. Our review of state tax structures finds theirs to be the 47th least business-friendly in the United States. Few impartial experts think that Ohio will see much in the way of job growth or capital formation without serious reform.

And it needs to be reform that leads to lower tax burdens and less economic distortions, not the “reforms” of the CAT that go in the opposite direction.

Joseph Henchman is Tax Counsel and Director of State Projects of The Tax Foundation