Arkansas SB 709 provides a back door to Obamacare
The back door to Obamacare is highlighted inRED in SB 709 shown below. The part to look at in SB 709 comes after UNLESS.
Arkansas SB 709 is a bad piece of legislation. SB709 will not stop Obamacare coming into Arkansas, but provides a back door access to providing Obamacare. State Sovereignty and the 10th Amendment MUST be enforced by our elected officials. We must remember that the states are the Employer and the Federal Government is the Employee. State Nullification of Obamacare is the only method that can be used. The nullification process has been included below.
There are ways to get rid of ALL of Obamacare and not just part of it. Click here for Article 1, Section 8 of the US Constitution which spells out the limits of the Federal Government. The Federal Government is usurping the states’ rights any time they do something that isn’t in Article 1 Section 8 and it is up to the states to stop the encroachment of the Federal Government. Every legislator took an Oath of Office when elected and they must follow it. The oath of office is listed in the Arkansas State Constitution Article 19, Section 20 on page 66 and reads as follows:
20. Oath of office.
Senators and Representatives, and all judicial and executive, State and county officers, and all other officers, both civil and military, before entering on the duties of their respective offices, shall take and subscribe to the following oath of affirmation:
“I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of ________, upon which I am now about to enter.”
The Federal government has overstepped their bounds with Obamacare and the states are under no obligation to enforce it. Congress’ powers are limited and are defined in the US Constitution in Article 1 Section 8. A copy of the US Constitution can be found here.
Senate Bill SB 709
SB 709 died in the Senate Public Health, Welfare and Labor Committee. There are 4 Democrats and 4 Republicans on the committee. It takes 5 votes to get the bill out of committee. This bill will be reintroduced.
Click here for SB 709.
Stricken language would be deleted from and underlined language would be added to present law.
State of Arkansas
88th General Assembly
A Bill
Regular Session, 2011
SENATE BILL 709
By: Senators Irvin, Bledsoe, G. Baker, Rapert, Files, J. Hutchinson, M. Lamoureux, E. Williams, Holland, J. Dismang, J. Key, B. Sample, Whitaker, Hendren, B. Pritchard By: Representatives J. Burris, Baird, Benedict, Biviano, Clemmer, Dale, Deffenbaugh, English, Eubanks, Garner, Hammer, Harris, Hickerson, Hobbs, Hopper, Hubbard, D. Hutchinson, Johnston, Lea, Mauch, D. Meeks, S. Meeks, Rice, Sanders
For An Act To Be Entitled
AN ACT TO CREATE THE HEALTHCARE REFORM ACCOUNTABILITY ACT; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
Subtitle
AN ACT TO CREATE THE HEALTHCARE REFORM ACCOUNTABILITY ACT AND TO DECLARE AN EMERGENCY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 25, Chapter 1 is amended to add an additional subchapter to read as follows:
Subchapter 4 – The Healthcare Reform Accountability Act
25-1-401. Title.
This subchapter shall be known and may be cited as the “Healthcare Reform Accountability Act”.
25-1-402. Findings. The General Assembly finds that:
(1) State officers are not agents of the federal government;
(2) The Federal Government may neither issue directives requiring the states to address particular problems nor command the states’ officers or those of their political subdivisions to administer or enforce a federal regulatory program;
(3) Congressional mandates to the states to enact or enforce a federal regulatory program are fundamentally incompatible with our constitutional system of dual sovereignty;
(4) The holdings of the United States Supreme Court cited in this section, from Printz v. United States, 521 US 898 – 1997, underlie the American system of dual sovereignty; and
(5) The United States Supreme Court has repeatedly held that the federal government may not commandeer the political authority of the states in order to enact or enforce a federal regulatory program.
25-1-403. Requirements for state agency enforcement of the Patient Protection and Affordable Care Act.
(a) A department or agency of this state shall not implement or enforce any part of the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, unless:
(1) The department or agency reports to the legislature under subsection (b) of this section; and
(2) The department or agency is specifically authorized under existing state legislation, state rules, or some combination of the two (2) to implement or enforce the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148.
(b) The reports required under subsection (a) of this section shall include without limitation:
(1)(A) The specific Arkansas authorization under existing state legislation, state rules, or some combination of the two (2) to implement and enforce the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148; and
(B) The specific provision of the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, that is to be implemented or enforced;
(2) Whether the provision of the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148 to be implemented and enforced allows for a state waiver or any other alternatives to the federal provision;
(3) An explanation of the nature of the duty or duties created by that provision of the federal Patient Protection and Affordable Care Act, 2Pub. L. No. 111-148 and an explanation of how that duty or duties will be implemented;
(4) An estimate of the number of the inhabitants of the state who will be directly affected;
(5) The cost to the state or citizens of the state to implement and sustain the federal reform provision; and
(6) The consequences to the state, if it does not implement orenforce that federal reform provision
(c) The reports required under subsection (a) of this section shall be
accessible, at a minimum, through the Arkansas state government website.
SECTION 2. EMERGENCY CLAUSE. It is found and determined by the
General Assembly of the State of Arkansas that Congress has enacted the Patient Protection and Affordable Care Act, Pub. L. No. 111-148; that the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 requires state agencies to perform acts that should be noticed to the people of this state; and that this act is immediately necessary because state agencies have already begun to perform acts that would be required to be posted on a website under this act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on:
(1) The date of its approval by the Governor;
(2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or
(3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.
State Nullification
The following quote is from Thomas Wood’s book, Nullification: How to Resist Federal Tyranny in the 21st Century.
Nullifying Federal Mandates
The following are the correct methods for the states to Nullify Obamacare.
The Health Care Nullification Act declares that “the federal law known as the ‘Patient Protection and Affordable Care Act,’ signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid, shall not be recognized, is specifically rejected, and shall be considered null and void and of no effect.”
Two and Counting: New Jersey to Consider Obamacare Nullification.
Click here for source of Nullification Act.
Model Health Care Nullification Act
An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.
SECTION 1. The legislature of the State of ____________ finds that:
1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.
2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.
3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of _____________ to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”
SECTION 2. NEW LAW
A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
A. The Legislature of the State of _______________ declares that the federal law known as the “Patient Protection and Affordable Care Act,” signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.
B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this State.
C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.
D. Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years or by a fine not exceeding One Thousand Dollars ($1,000.00) or both such fine and imprisonment.
E. Any aggrieved party shall also have a private action against any person violating the provisions of subsections (C) or (D).
SECTION 3. This act takes effect upon approval by the Governor.
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