Legislative Column for the Week of Monday, April 8, 2013
Protecting Small Business and Our Conscience Rights
 

JEFFERSON CITY — As a small business owner of nearly 30 years, I was responsible for balancing my office budget while paying my employees an honest day’s wage and, after everything else was paid for, trying to find a way to pay myself. As one myself, I understand the many difficulties our business owners face day in and day out. Perhaps what was most frustrating was burdensome government intrusion into my business. Many small businesses can put up with a minimum amount of government regulation. However, recent trends suggest the federal government thinks it is their responsibility to impose its political ideology on our citizens and legislate through mandates and excessive regulation. Never is this been more evident than with our current president and his administration.

You may remember that, under ObamaCare, the president and his administration mandated employers to provide and pay for health care services and procedures, such as abortion, contraception and sterilization, regardless of whether these services are against their beliefs. With the possibility of this mandate expanding further, I felt it was important for the Missouri Legislature to clarify the rights of pharmacies as related to this issue. These small business owners took the risk of starting a business, investing their hard-earned money, and creating jobs for their neighbors, and I want to ensure they are free to operate the way they think is best, as other business owners are able to do. For these reasons, I introduced Senate Bill 126, which would prohibit pharmacies from being required to carry any specific drug.

Some have questioned the necessity of this bill and the answer is this is a proactive response to a growing problem. Just last week, a federal judge in New York ruled that the “morning-after pill,” or Plan B, be available to people of any age without a prescription. Up until now, pharmacies in many states had been assured by the courts that they could choose not to dispense certain drugs, like Plan B, if they choose. A federal judge ruled in February 2012 that the state of Washington couldn’t force pharmacies to sell Plan B. Then in the following September, an Illinois appellate court affirmed a lower court’s ruling that pharmacies could not be forced by the state to sell Plan B if they had objections. This federal ruling from New York is major departure from existing case law, and combined with the prospect of a federal mandate, would leave pharmacies with very little control over what drugs they stock and, by extension, how the business runs.

I am pleased to report that Senate Bill 126 passed the Senate last week and now proceeds to the House for consideration. I trust my colleagues in the House will see the tremendous importance and necessity of this legislation and that they will approve it before the close of session next month. The bottom line is that our citizens should be able to run their businesses free from government intrusion and according to the beliefs they hold dear. Unfortunately, the president’s administration and some of some our federal courts want to go around the legislative process and force people to act in a way contrary to their conscience. If the government can force you to participate in and endorse behaviors that conflict with your beliefs, the government can force you to do anything. This is deeply troubling and now is the time to say enough is enough.

As always, I welcome your ideas, questions and concerns about Missouri government. You may contact me at the State Capitol as follows: (573) 751-1480; david.sater@senate.mo.gov; or by writing to Sen. David Sater, Missouri State Capitol, Room 433, Jefferson City, MO 65101.