HB 1534 -- FEDERAL HEALTH CARE REFORM LAW

SPONSOR:  Bahr

COMMITTEE ACTION:  Voted "do pass" by the Committee on General
Laws by a vote of 5 to 4.

This bill declares that the General Assembly finds the federal
Patient Protection and Affordable Care Act signed by President
Obama exceeds the powers granted to Congress under the United
States Constitution.  Therefore, it is not law and is altogether
void and of no force.  It is the General Assembly's duty to enact
any measure necessary to prevent its enforcement within this
state.

No public officer or employee of this state has any authority to
enforce or attempt to enforce any aspect of the act.  Any United
States official, agent, or employee who undertakes any action
within this state that enforces or attempts to enforce the act in
violation of these provisions will be guilty of a class A
misdemeanor.  Any person who has been subject to any action
attempting to enforce the act within this state will have a
private cause of action for declaratory judgment and damages
against any person violating these provisions.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of an
income of Unknown to a cost of Unknown in FY 2013, FY 2014, and
FY 2015.  No impact on Other State Funds in FY 2013, FY 2014, and
FY 2015.

PROPONENTS:  Supporters say that the bill declares the federal
health care reform law as unconstitutional and Missouri has the
right to protect its citizens from such a law.  The federal law
is not supreme because it is unconstitutional.  Citizens should
not be required to accept health care that includes provisions
that they are morally or religiously opposed to and should allow
a person to opt out of certain services and providers.

Testifying for the bill were Representative Bahr; James Coyne,
Mid-Missouri Patriots; Ron Calzone, Missouri First; and Missouri
Right to Life.

OPPONENTS:  Those who oppose the bill say that access to
affordable health care is vital to people living with certain
diseases, such as AIDS and HIV, because it protects their lives
and prevents transmission.  The health care provided for in the
federal law gives these individuals access to this lifesaving
treatment.

Testifying against the bill was Gretchen Waddell, Missouri AIDS
Task Force.

OTHERS:  Others testifying on the bill say that when the United
States Constitution was ratified several states demanded that
certain rights be protected, such as a state's ability to reject
certain federal actions.

Testifying on the bill was Dave Rowland, Freedom Center of
Missouri.

Missouri House of Representatives
Last Updated March 22, 2012 at 4:35 pm