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Friday, February 18, 2011

Idaho House Passes Health Care Nullification Bill

From the Ohio Republic:

Feb 17, 2011 (2 days ago)Idaho House passes health care nullification billfrom The Ohio Republic by Harold ThomasThe Tenth Amendment Center has announced that the Idaho House of Representatives has passed a health care nullification bill (H0117) on the Tenth Amendment Center's model by a vote of 49-20. Idaho doesn't mince words, as this excerpt will show:






INVALIDITY OF CERTAIN PUBLIC LAWS -- PROHIBITION ON ENFORCEMENT.

(1) The Patient Protection and Affordable Care Act, P.L. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, P.L. 111-152, 124 Stat. 1029 (2010), herein collectively referred to as PPACA, having been declared unconstitutional by this Legislature, beyond the delegated powers of the federal government, and affirmed as such by the Court in State of Florida v. United States Department of Health and Human Services, Case No. 3:10-cv-91-RV/EMT (January 31, 2011, N.D.FL), shall not be enforced by the state of Idaho including, but not limited to, any of its departments, political subdivisions, courts, public officers or employees thereof.



(2) No department, agency or political subdivision of 1 the state of Idaho shall establish any program, promulgate any rule, policy, guideline or plan or change any program, rule, policy or guideline to implement the PPACA.





(3) No department, agency or political subdivision, public officer or employee of the state of Idaho shall enter into any agreement or any obligation to implement the PPACA
 
(4) No department, agency, political subdivision, public officer or employee of the state of Idaho shall provide assistance or resources of any kind to any agency, public official, employee or agent of the federal government related to any attempted implementation or enforcement of the PPACA.






(5) No department, agency or political subdivision of the state of Idaho shall accept or expend moneys related to the implementation of the PPACA.





(6) No order of judgment, writ or levy of execution shall issue or otherwise be enforced upon any property or against any person in the state of Idaho to collect any amounts adjudged due or assessed against the state of Idaho or its residents for failure to comply with any provision of the PPACA.





(7) Any aggrieved person shall have a right to injunctive relief against any person violating the provisions of this section, with an award of attorney fees and costs to the prevailing party.



Ohio has three bills in committee, all of them much weaker than Idaho's. They are summarized here, along with The Ohio Project's Constitutional amendment.

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