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Breaking: Governor to veto unconstitutional Republican health reform obstruction

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txlibdem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-11 11:21 AM
Original message
Breaking: Governor to veto unconstitutional Republican health reform obstruction
Source: BlueNC

"Submitted by James on Sat, 03/05/2011 - 9:57am
Just read on the Twitter from Speaker Tillis that Governor Perdue will stand for the Constitution against Republican subversion.

I received word last night that the Governor will VETO the "Protect Health Care Freedom Act" we passed last week. The Gov wants Obamacare to be imposed on North Carolina. What do you think? Post a comment and send the Gov an email to governor.office@nc.gov. If you don't mind, copy me at thom.tillis@ncleg.net.

I don't know about you, but I'm with the Governor. Tillis knows his piece of crap legislation is explicitly in violation of the North Carolina Constitution, and yet he's still grandstanding."

http://www.bluenc.com/breaking-governor-veto-unconstitutional-republican-health-reform-obstruction



Read more: http://www.bluenc.com/breaking-governor-veto-unconstitutional-republican-health-reform-obstruction



Here is the link to the Puke's facebook page. I threw up in my mouth a bit when I read the other crap this guy's up to...

"Thom Tillis, North Carolina House of Representatives
I received word last night that the Governor will VETO the "Protect Health Care Freedom Act" we passed last week. The Gov wants Obamacare to be imposed on North Carolina. What do you think? Post a comment and send the Gov an email to governor.office@nc.gov. If you don't mind, copy me at thom.tillis@ncleg.net."

http://www.facebook.com/pages/Thom-Tillis-North-Carolina-House-of-Representatives/112839666335

If I lived in NC I'd send Rep. Tillis a little comment of my own...

Hooray for Gov. Perdue of North Carolina! Show these thug Republicans that we Democrats have backbone and will stand and fight them wherever and whenever they try to harm the people of this nation!

Here's what the Charlotte Observer said back on Feb. 28th: Perdue should veto opting out of health care reform
"Republicans in the General Assembly, full of oats and feeling them with their first control of both houses in more than a century, couldn't wait to take a slap at President Obama by opting North Carolina out of some provisions of federal health care reform.

So they passed a law to that effect using all the free-market positions that congressional Republicans used in their unsuccessful fight to stop the president from trying to ensure that all Americans have access to quality health care. The reform concept has public support even if people have been confused by the law's complexity, and by the cynical and inflammatory points raised against it.

...snip...

Gov. Beverly Perdue also thinks the GOP maneuver is wrong. So why is the governor indicating that while she'll not sign the legislation, she won't veto it either?

That means it will become law in 10 days, absent her Hancock."

http://www.charlotteobserver.com/2011/02/28/2097398/perdue-should-veto-opting-out.html
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Overseas Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-11 11:23 AM
Response to Original message
1. K&R! //nt
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liberal N proud Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-11 11:48 AM
Response to Original message
2. Alas, some common sense
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txlibdem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-11 03:50 PM
Response to Reply #2
5. At last, some common sense?
Is that what you meant? I figured so anyway...
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Drale Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-11 12:13 PM
Response to Original message
3. It violates the US constitution not just North Carolina's
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txlibdem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-06-11 08:22 AM
Response to Reply #3
7. The Pukes have no problem violating the Constitution when it furthers their agenda
That much is clear. Thanks for posting!
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-11 12:13 PM
Response to Original message
4. This is BULLSHIT. The law only eliminates the DEMAND passed in DC that people
HAVE TO buy health insurance.

Here is the full text of the law as modified and passed:


GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011





HOUSE BILL 2

RATIFIED BILL





AN ACT to protect the freedom to choose health care and health insurance.



The General Assembly of North Carolina enacts:



SECTION 1. Chapter 58 of the General Statutes is amended by adding a new Article to read:

"Article 49A.

"North Carolina Health Care Protection Act.

"§ 58‑49A‑1. Constraints on health care freedom prohibited.

(a) A law or rule shall not do any of the following:

(1) Compel a person to (i) provide for health care services or medical treatment for that person or (ii) contract with, or enroll in, a public or private health care system or health insurance plan.

(2) Interfere with a person's right to pay directly for lawful health care services or medical treatment to preserve or enhance that person's life or health.

(3) Impose a penalty, tax, fee, or fine on a person for (i) providing for, or failing to provide for, health care services or medical treatment for that person or (ii) contracting with, or enrolling in, or failing to contract with or enroll in, a public or private health care system or health insurance plan.

As used in this subsection, health care services or medical treatments do not include drug testing, drug screening, or communicable disease controls. This subsection does not apply to persons in custody of the Department of Correction or a local confinement facility or who have not completed all requirements imposed as the result of a sentence in a criminal conviction, including, but not limited to, any type of probation, parole, or post‑release supervision.

(b) This section shall not be construed to expand, limit, or otherwise modify any of the following:

(1) The common‑law doctrine of necessaries that a spouse is liable for the necessary expenses incurred by the other spouse, including expenses incurred by medical necessity, or any other duty a person owes to a spouse or dependent with respect to the provision of health care services or medical treatment.

(2) Any law regarding which health care services or medical treatments are lawful within this State or who is authorized to provide health care services or medical treatments within this State.

(3) Any right or duty of a health care agent with respect to the principal pursuant to a health care power of attorney executed in accordance with Article 3 of Chapter 32A of the General Statutes.

(4) Any law regarding the right or duty of a parent or guardian in the determination or provision of health care services or medical treatment for a minor.

(5) Any law regarding the screening of newborns for metabolic or other hereditary and congenital disorders, examination and testing of a child for lead poisoning under G.S. 130A‑131.9, and health assessments for children entering Kindergarten in the public schools as required in G.S. 130A‑440.

(6) Any law regarding health care services or medical treatments ordered under the Workers' Compensation Act.

(7) Any law regarding health care services or medical treatment regarding involuntary commitments for mental illness or substance abuse.

(8) The physical and mental examination of a party ordered by a judge in a civil action pursuant to Rule 35 of the Rules of Civil Procedure, blood or genetic testing to establish paternity pursuant to G.S. 8‑50.1 and G.S. 110‑132.2, and the taking of DNA or any other biological evidence in accordance with Chapter 15A of the North Carolina General Statutes.

(9) Any law requiring the provision of health insurance for employees as a condition of receiving State economic incentives.

(10) Any law regarding the examination and testing of persons to determine possible exposure to nuclear, biological, or chemical agents caused by a terrorist incident, as provided in Article 22 of Chapter 130A of the North Carolina General Statutes.

(c) An individual aggrieved by a violation of this section has standing to bring a private right of action for the violation. In addition, the Attorney General shall have the duty and standing to bring or defend a State or federal action or proceeding on behalf of the residents of this State to enforce the provisions of this section. Any funds required by the Office of the Attorney General to fulfill the responsibilities under this subsection shall be provided by the Department of Justice from other funds appropriated to the Department and from other grants or funding that are available from other sources."

SECTION 2. This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 23rd day of February, 2011.

I am a democrat, and I hate that a bunch of republicans have been elected to overtake BOTH houses of our legislature in N.C. for the first time in over a hundred years.

But this provision of the health care bill that was ratified in congress under Obama's administration is more abhorrent to me than most things I've ever seen passed. I totally welcome the NC legislature saying that nobody can MAKE ME.... FORCE ME ... to BUY health insurance and SUPPORT the profits of the health insurance industry in any way.

I'm sick and tired of so called liberals saying "oh! we HAVE to support the health insurance companies by spreading the liability over a bigger pool, or this thing just won't work!"

Won't work for WHOM?? Won't work for the HEALTH INSURANCE COMPANIES, that's who.

We shouldn't even HAVE health insurance companies!!!!! They should be outlawed.



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txlibdem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-05-11 09:34 PM
Response to Original message
6. Good job, Governor! Keep up the good work for the people of your state
Do not listen to the forces of division and ignorance. Keep your focus on doing what's right for the middle class and the poor.
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