This morning the Missouri House took up debate on HJR 48, 50 & 57, a state constitutional amendment nullifying federal health care reform legislation.
Uninterested in dealing with actual state issues, MO House turns its attention back to federal legislation… about 13 hours ago via DestroyTwitter
From the beginning:
republican Representative [speaking as an advocate of the resolution at the opening of the debate]: …Democrat Congressman Bart Stupak, if you’re pro-life you will vote for the health care freedom act and against Obamacare….
Representative Cynthia Davis (r – let them eat McDonalds), debating HJR 48, 50 & 57
There was a flood of something, and it wasn’t water. Representative Cynthia Davis (r – let them eat McDonalds), fifty-five minutes into the debate:
…Representative Cynthia Davis : Good morning, I rise to speak on the HJR.
Speaker: Proceed, lady.
Representative Cynthia Davis : Thank you. Mister Speaker, a lot of people are confused about what is the role of the national government and what is the role of the state government. Truth is, the national government has no business doing education or health care. It’s not in the Constitution. You know, a river is a beautiful thing when it stays within its boundaries, but when it’s unlimited it’s called a flood. And a flood is destructive. And it’s not pretty anymore. [inaudible] Also, this has nothing to do with Barack Obama. It has to do with choice. It has to do with liberty. And it has to do with our freedom and our right to govern ourselves. The national program really has nothing to do with protecting insurance companies either. You know, I moved here from Massachusetts. And they forced everybody to get on the insurance program and they still have not achieved that goal. And if Massachusetts had such a great plan show me where are the people clamoring to move into Massachusetts? The bigger question I want all of you to consider today is why would any state legislator want to give up our liberty? You know, we’re vested with the duty of protecting our citizens and protecting their liberty is foundational.
Some of you may have not heard my bullying story. When I was in seventh grade I learned a lesson about bullies that I’ll never forget. You know, the national government is strutting around like a big bully. And unless we say no, we’re gonna get hurt. There was a time in junior high when all the classes had to pass in the hallway. There was a girl who, apparently, didn’t like me, though I will never know why. But she would sneak up behind me and stick her foot in front of mine and trip me. So I’d fall or sometimes almost fall. And then I’d go home and I’d tell my mother. Mom, this girl tried to trip me again today. And my mom said the only way to stop it is if you stand up to her and hold firm. Well there was one day when we were passing through the hall, through the classroom and, and, and I, I noticed her tripping me and, and I turned around and what happened next was a blur. But, it was good. It was good ’cause I stood up to her and, and the, we were ushered to the principal’s office and the principal called my mom and said, your daughter was engaged in a fight. And my mom was never more proud of me. And that girl never tripped me again.
And that is what we’re confronting with this resolution to try and tell the federal government, you can not bully us, we are gonna stop you right here, right now. We’re gonna protect our citizens.
This HJR is our only and last hope for protecting Missourians, to keep their freedoms and their rights. Thank you….
“…Also, this has nothing to do with Barack Obama…”
You weren’t listening to your colleague at the start of debate, were you?
“…It has to do with choice…”
So, if you support the resolution you’re pro-choice?
“…And it has to do with our freedom and our right to govern ourselves…”
Question. Didn’t we elect our members of Congress? Just asking. Oh, you meant they should all be republicans just like you.
“….[blah, blah, blah] your daughter was engaged in a fight…”
You’re not advocating violence, are you?
“…our only and last hope…”
Obi-wan would be so proud.
What the House passed and sent to the Senate today:
SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
95TH GENERAL ASSEMBLY
3173L.02P D. ADAM CRUMBLISS, Chief Clerk
Submitting to the qualified voters of Missouri an amendment to article I of the Constitution of Missouri, relating to prohibiting laws interfering with freedom of choice in health care.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2010, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:
Section A. Article I, Constitution of Missouri, is amended by adding thereto one new section, to be known as section 35, to read as follows:
Section 35. 1. That a law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.
2. A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.
3. Subject to reasonable and necessary rules that do not substantially limit a person’s options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.
4. This section does not:
(1) Affect which health care services a health care provider or hospital is required to perform or provide;
(2) Affect which health care services are permitted by law;
(3) Prohibit care provided under workers’ compensation as provided under state law;
(4) Affect laws or regulations in effect as of January 1, 2010;
(5) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services.
5. As used in this section, the following terms shall mean:
(1) “Compel”, any penalties or fines;
(2) “Direct payment or pay directly”, payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service;
(3) “Health care system”, any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants;
(4) “Lawful health care services”, any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services; and
(5) “Penalties or fines”, any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the exercise of rights protected under this section.
Section B. Pursuant to chapter 116, RSMo, and other applicable constitutional provisions and laws of this state allowing the general assembly to adopt ballot language for the submission of a joint resolution to the voters of this state, the official ballot title of the amendment proposed in section A of this resolution shall be as follows:
“Shall the Missouri Constitution be amended as follows:
1. That government may neither penalize citizens for refusing to purchase private health insurance, nor infringe upon a citizen’s right to offer or accept direct payment for lawful health care services.
2. This section shall permit courts to enforce contracts voluntarily entered, and the General Assembly to regulate the health insurance industry.”
Here’s hoping the Missouri Senate sits on it.