Posted by valerie in Uncategorized Thursday, 22 September 2011 21:33
Senators Respond to Nixon’s Plan to Implement ObamaCare Despite Prop C Passage by 71%
One week ago (9-15-11) the Senate Interim Committee on Health Care Exchanges convened for a scheduled meeting.
In the midst of this meeting they discovered that an executive department meeting being held simultaneously across
town from the state capitol included an agenda item to begin implementation of the infrastructure needed for Missouri
to participate in ‘ObamaCare’. (Ironically this Senate Committee was created in response to the political strategy debate
over how best to protect/defend Missouri from forced participation in the “Patient Protection and Affordable Care Act”,
otherwise known as ‘ObamaCare’ a socialist government takeover of our nation’s total health care system.)
Initially (and with some shocked disbelief that this news could possibly be true) Lieutenant Governor Peter Kinder
dispatched a staff member to go to the meeting of the board of directors of the Missouri Health Insurance Pool
to assess the veracity of the unexpected revelation. Once the agenda item was initially confirmed three Senators
immediately and personally rushed across town to investigate and confront the bureaucrats intentions. Thus
Senators Jim Lembke, Jane Cunningham and Rob Schaaf interrupted the meeting of the board, were escorted
to a private office, forced to deal with several efforts by Director John Huff to deflect their direct questions,
and were ultimately successful at thwarting the board’s vote. (Reminding these bureaucrats that they are only
the State’s employees and that the voters are the boss, represented by ALL our elected officials.)
Since last week there has been significant misunderstandings about the events of that day, as well as the details
related to Governor Nixon’s involvement. These confusions have led many folks to state incorrect facts and
ask questions which miss the facts. As a result the developing political environment has made it too easy for
denials and finger pointing. Below are two documents which will hopefully help clarify details and give some
clearer understanding of events past and coordinated efforts moving forward. First is Senator Jim Lembke’s
resolution calling on unelected bureaucrats to cease efforts to bypass the Legislature and ignore/thwart the
clearly expressed will of the voters. Second is Senator Jane Cunningham’s press release renewing her call
for a State Constitutional Amendment raising the bar of protection previously adopted with passage of
Proposition C (2010) with over 71% of Missouri voters saying “YES”.
Senator Lembke’s resolution (SR**) will be introduced, after interested Senators have a chance to add
their names, during the special called First Extraordinary Session of the 2011 Missouri General Assembly.
Senator Cunningham’s resolution (SJR **) will be pre-filed in December and introduced the first week
of January 2012 and, as with Lembke’s resolution, will contain all interested Senators names also.
Senator Jim Lembke’s Senate Resolution:
WHEREAS, Governor Nixon designated John Huff, the Director of the Missouri Department of Insurance, Financial Institutions
and Professional Registration and a member of the Missouri Health Insurance Pool, to serve as the project director of Missouri’s
Health Insurance Exchange Establishment Grant to provide executive leadership to the development of the exchange
infrastructure and to oversee grant administration; and
WHEREAS, Governor Nixon, upon the advice of Director Huff and the Health Insurance Exchange Coordinating Committee,
designated the Missouri Health Insurance Pool to receive an Establishment Grant from the federal government on behalf of the
State of Missouri to plan and implement a health insurance exchange under the direction of Director Huff; and
WHEREAS, on August 12, 2011, the Department of Health and Human Services announced the award of approximately $21
million in the form of a Level One Exchange Establishment Grant to the Missouri Health Insurance Pool to help establish a state
health insurance exchange; and
WHEREAS, on September 15, 2011, the board of directors of the Missouri Health Insurance Pool considered adopting a
resolution establishing the “MHIP/Show-Me HIX” as a distinct organizational unit within the Missouri Health Insurance Pool
and undertaking responsibility for implementing the tasks described in the Missouri Establishment Grant; and
WHEREAS, the board of directors of the Missouri Health Insurance Pool also considered accepting a $21 million federal
grant to help build the technological infrastructure for a health insurance exchange; and
WHEREAS, after consulting with some key senators from the Senate Interim Committee on Health Insurance Exchanges, the
board of directors of the Missouri Health Insurance Pool postponed action on the resolution to establish an exchange and accept
the federal grant; and
WHEREAS, counsel retained by the Missouri Health Insurance Pool has stated that the Missouri Health Insurance Pool has the
statutory authority to accept the federal monies and take the preliminary steps to establish a health insurance exchange; and
WHEREAS, several members of the Senate Interim Committee on Health Insurance Exchanges have asked the director of the
Missouri Department of Insurance, Financial Institutions and Professional Registration to state the legal authority that allows
the Missouri Health Insurance Pool to accept Exchange Establishment Grants and to undertake precursory steps to establish a
state-based health insurance exchange; and
WHEREAS, as to date, the legal basis for the Missouri Health Insurance Pool to engage in the preliminary steps of establishing
a health insurance exchange has not been provided to the members of the Senate Interim Committee on Health Insurance
Exchanges; and
WHEREAS, the statutes establishing the Missouri Health Insurance Pool do not authorize its board to accept federal grants or
undertake activities relating to the establishment of a health insurance exchange; and
WHEREAS, the Patient Protection and Affordable Care Act requires states to establish their own health insurance exchanges
or otherwise cede this authority to the federal government; and
WHEREAS, the decision to establish a state-based health insurance exchange or to allow the federal government to operate
an exchange within Missouri is a policy decision left to the General Assembly and not the Missouri Health Insurance Pool or
any other member of the executive branch; and
WHEREAS, the Missouri General Assembly would need to pass legislation before any state-controlled exchange were to be
implemented in Missouri, giving the citizens of Missouri a right to be heard on this matter through their constitutionally elected
representatives; and
WHEREAS, Article II of the Missouri Constitution mandates that the powers of government shall be divided into three distinct
departments with each department exercising its own powers; and
WHEREAS, it is the power of Governor, as the head of the executive department, to faithfully execute the laws and not to
make laws or choose to ignore the laws that do not suit his political agenda; and
WHEREAS, accepting federal monies to preliminarily establish a state-based health insurance exchange invades the province of
the General Assembly in that the decision to establish or not establish a health insurance exchange is a policy decision – a power
entrusted to the General Assembly by the Missouri Constitution, and
WHEREAS, the legislative authority of Missouri is vested in the General Assembly and in the absence of a statute or constitutional
provision that authorizes the Governor to establish a state-based health insurance exchange, the Governor cannot create obligations,
responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order or other actions; and
WHEREAS, the potential decision of the Missouri Health Insurance Pool to establish a health insurance exchange within the
Missouri Health Insurance Pool is without legal foundation and usurps the power of the General Assembly; and
WHEREAS, the potential decision of the Missouri Health Insurance Pool to establish a health insurance exchange within the
Missouri Health Insurance Pool runs afoul of the wishes of the Missouri voters in that one of the core functions of a federally-
approved exchange is to establish a process to determine whether an individual is exempt from the individual mandate penalty:
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-sixth General Assembly, First
Extraordinary Session, hereby urge the Governor of Missouri, the director of the Missouri Department of Insurance, Financial
Institutions and Professional Registration, and the board of directors of the Missouri Health Insurance Pool to return all
Exchange Establishment Grant monies to Health and Human Services Secretary, Kathleen Sebelius; refrain from applying for
any other federal grants relating to the establishment of a health insurance exchange as envisioned under the Patient Protection
and Affordable Care Act; and refrain from adopting any policies relating to the establishment of a health insurance exchange
which by their very nature blatantly disregard the time-honored separation of powers between the legislative and executive
branches; and
BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to send a copy of this resolution to the
Governor of Missouri, the director of the Missouri Department of Insurance, Financial Institutions and Professional Registration,
and each member of the board of directors of the Missouri Health Insurance Pool.
- end -
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Posted by valerie in Uncategorized Friday, 29 April 2011 08:23
Last week in review: April 25-28
ABORTION
SS SCS HCS HB 116 Has been rewritten and is now the tax credit reform bill (350+ pages). As amended on the Senate floor, the bill now includes an extension on the PRC tax credit program (till 2015) and leaves the credit at its current 50% level. Perfected on the Senate floor and sent to Ways and Means Fiscal Review.
HB 197 Sponsored by Representative Tishaura Jones (D), requires the Department of Health and Senior Services to post on its web site resources relating to umbilical cord blood. Third read and passed through the Senate and reported to the House on Thursday.
HR 1826 Sponsored by Representative Long (R), supports the work of Missouri’s pregnancy resource centers and maternity homes in providing outstanding service to women and families. Referred to the House Rules Committee on Wednesday.
SS SCS SB 65 Sponsored by Senator Mayer (R), modifies provisions relating to abortion with respect to viability. Reported do pass out of the House Health Care Policy Committee and referred to Rules Committee on Wednesday.
ANIMAL RIGHTS & FAMILY FARMS
HCS HB 597 Sponsored by Representative Pollock (R), establishes the Private Landowner Protection Act which allows for the creation and enforcement of conservation easements to protect the environment and preserve certain historical or cultural property. Perfected in the House on Wednesday, third read and passed through the House on Thursday.
SB 113 Introduced by Senator Parson (R), modifies the Animal Care Facilities Act and the Puppy Mill Cruelty Prevention Act. Signed by the Governor on Wednesday.
SB 161 Introduced by Senator Munzlinger (R), modifies provisions relating to agriculture, including changes to SB 113. Amended in the House, voted through the House, reported to the Senate, passed through the Senate and delivered to the Governor. Signed by the Governor right after Six o’clock on Wednesday.
CRIME
HCS HB 297 Sponsored by Representative Riddle (R), revises the crime of abuse of a child to include knowingly inflicting cruel or excessive punishment upon a child younger than 17 years of age or knowingly causing physical injury by any means. Voted do pass out of the House Children and Families Committee on Wednesday.
HCS HB 504, 505 & 874 Sponsored by Representative Silvey (R), changes the laws regarding domestic violence and orders of protection. Reported do pass out of the House Rules Committee on Tuesday.
HCS HB 600, 337 & 413 Sponsored by Representative Schad (R), changes the laws regarding public safety. Reported to the Senate and first read on Tuesday.
SS#2 SCS SB 320 Sponsored by Senator Lamping (R), modifies provisions relating to domestic violence. Referred to the House Rules Committee on Thursday.
DRUGS & ALCOHOL
SCS HCS HB 73 & 47 Sponsored by Representative Brandom (R), requires certain applicants for and recipients of Temporary Assistance for Needy Families Program benefits to be tested for the illegal use of controlled substances. Perfected in the Senate and referred to the Senate Oversight Committee on Tuesday, third read and passed through the Senate on Thursday.
HB 199 Sponsored by Representative Kelley (R), specifies that a prior or persistent offender of an intoxication-related offense must perform a specified minimum number of hours of community service as an alternative to imprisonment. Voted do pass out of the Senate Judiciary Committee on Tuesday. Truly agreed to and finally passed on Thursday.
SCS HCS HB 641 Sponsored by Representative Franz (R), changes the laws regarding controlled substances. Voted do pass out of the Senate Judiciary Committee on Tuesday, reported do pass out of committee on Wednesday.
HB 658 Sponsored by Representative Schatz (R), reclassifies all methamphetamine precursor drugs from Schedule IV and V controlled substances to Schedule III requiring a prescription and references the provisions as the Meth Lab Elimination Act. Reported do pass out of the House Rules Committee on Tuesday.
SS SCS SB 254 Sponsored by Senator Stouffer (R), modifies Missouri’s drunk driving law to comply with federal law for purposes of transportation funding. Referred to the House Crime Committee on Tuesday.
EDUCATION
HCS HB 473 Sponsored by Representative Tishaura Jones (D), changes the laws regarding charter schools and establishes the Missouri Charter Public School Commission. Reported to the Senate and first read on Wednesday.
SCS SB 54 Sponsored by Senator Cunningham (R), creates the Amy Hestir Student Protection Act. Referred to the House Rules Committee on Wednesday.
ELECTIONS
CCS SS HCS HB 193 Sponsored by Representative Diehl (R), establishes the basic format for dividing Missouri into eight Congressional districts based on the 2010 census estimates. Truly agreed to and finally passed on Wednesday.
HB 217 Sponsored by Representative Dugger (R), allows an election authority to use an electronic voter identification system or electronic signature pad to verify voter identification information at a polling place. Truly agreed to and finally passed on Wednesday.
SCS HB 503 Sponsored by Representative Dugger (R), repeals a provision requiring a presidential primary to be held in February in any year a presidential election is held and sets the primary to be held in March of each presidential election year. Voted do pass out of the Senate Elections Committee on Tuesday.
HJR 6 Sponsored by Representative Cierpiot (R), proposes a constitutional amendment guaranteeing the right of individuals to vote by secret ballot. Reported do pass out of the Senate Oversight Committee on Wednesday.
HCS HJR 16 Sponsored by Representative Dugger (R), proposes a constitutional amendment changing the number of voter signatures that are required to place an initiative petition or a referendum on a ballot. Perfected in the House on Tuesday, Third read and passed on Thursday.
HCS#2 SB 3 Sponsored by Senator Stouffer (R), establishes photo identification requirements for voting. Referred to the House Fiscal Review on Tuesday.
HCS SS SB 202 Sponsored by Senator Crowell (R), requires authorization for certain labor unions to withhold fees from paychecks or make political contributions. Reported do pass out of the House Workforce Development Committee and referred to the House Rules Committee on Tuesday.
HCS SCS SB 270 Sponsored by Senator Kraus (R), modifies the dates available for public elections. Referred to the House Rules Committee on Thursday.
HCS#2 SJR 2 Sponsored by Senator Stouffer (R), allows enabling legislation for photographic identification for voting. Reported do pass out of the House fiscal Review Committee on Thursday.
SJR 12 Sponsored by Senator Green (D), limits the total service in the General Assembly to sixteen years in any proportion between the Senate and the House of Representatives. Reported to the House and first read on Thursday.
FAMILY
HB 565 Sponsored by Representative Denison (R), specifies that any person who makes a report of suspected child abuse to the proper authorities will be immune from civil and criminal liability. Voted do pass out of the House Children and Families Committee on Wednesday.
GOVERNMENT ETHICS & SOCIALISM
HB 139 Sponsored by Representative Smith (R), requires the Office of Administration to maintain public school and county and municipal government accountability information and the Governor’s travel information on the Missouri Accountability Portal. Heard in the Senate General Laws Committee on Tuesday.
HB 349 Sponsored by Representative Newman (D), changes the laws regarding equal employment practices. Voted do pass out of the House Workforce Development Committee on Tuesday.
HB 423 Sponsored by Representative Burlison (R), authorizes Missouri to adopt the provisions of the Health Care Compact to improve health care policy by returning the authority to regulate health care to the state legislatures. Truly agreed to and finally passed on Wednesday.
SCS HCS#2 HB 609 Sponsored by Representative Molendorp (R), establishes the Show-Me Health Insurance Exchange Act. Reported do pass out of the Senate Small Business Committee on Wednesday.
HB 1009 Sponsored by Representative Marshall (R), prohibits any department or political subdivision of the state from contracting any liability of the state in excess of $1 million in any one-year period without the consent of the General Assembly. Heard in the House Transportation Committee on Thursday.
SCS SB 68 Sponsored by Senator Mayer (R), authorizes the issuance of subpoenas for the production of records by the General Assembly. Truly agreed to and finally passed on Thursday.
HOMOSEXUALITY
HCR 45 Sponsored by Representative Pollock (R), urges the President of the United States and the United States Congress to uphold and defend the federal Defense of Marriage Act. Voted do pass. Voted do pass out of the House Children and Families Committee on Wednesday.
PORNOGRAPHY & SEX CRIMES
SCS HCS HB 214 Sponsored by Representative Zerr (R), changes the laws regarding human trafficking. Reported do pass out of the Senate Judiciary Committee on Wednesday, passes through the Senate, and reported back to the House on Thursday.
HCS HB 999 Sponsored by Representative Schad (R), changes the laws regarding sexual offender registration. Reported do pass out of the House Rules Committee on Wednesday.
SCS SB 54 Sponsored by Senator Cunningham (R), creates the Amy Hestir Student Protection Act. Referred to the House Rules Committee on Wednesday.
SS SB 286 Sponsored by Senator McKenna (D), creates the Task Force on the Prevention of Sexual Abuse of Children. Referred to the House Crime Committee on Tuesday.
SCS SBs 394 & 331 Sponsored by Senator Goodman (R), modifies the human trafficking provisions. Referred to the House Crime Committee on Tuesday.
RELIGIOUS LIBERTY
SCS HCS HB 250 Sponsored by Representative Cox (R), changes the laws regarding water well regulations. Voted do pass out of the Senate Agriculture Committee on Wednesday.
HCS HB 470 & 429 Sponsored by Representative Funderburk (R), changes the laws regarding the nonresident entertainer and professional athletic team income tax by exempting churches from taxation under this policy. Heard in the Senate General Laws Committee on Tuesday.
HJR 2 Sponsored by Representative McGhee (R), proposes a constitutional amendment guaranteeing a citizen’s right to pray and worship on public property and reaffirming a citizen’s right to choose any or no religion. Referred to the Senate Oversight Committee on Tuesday, reported do pass on Thursday.
SECOND AMENDMENT
HB 361 Sponsored by Representative Leara (R), establishes the Missouri Firearms Freedom Act. Voted do pass out of the Senate General Laws Committee on Tuesday, reported do pass on Wednesday.
HCR 41 Sponsored by Representative Parkinson (R), encourages every school district in Missouri to promote and include trap shooting as a high school sport. Reported do pass out of the House Rules Committee on Wednesday.
HJR 27 Sponsored by Representative Brattin (R), proposes a constitutional amendment specifying that the right of every citizen to possess, purchase ammunition, and any parts or articles for the proper functioning of arms must not be infringed. Perfected in the House on Tuesday, referred to Fiscal Review on Wednesday and third read and passed through the House on Thursday.
SCS HCS HB 294, 123, 125, 113, 271 & 215 Sponsored by Representative Riddle (R), changes the laws regarding firearms, ammunition, and concealed carry endorsements. Reported do pass in the Senate General Laws Committee on Wednesday.
SCS SB 300 Sponsored by Senator Munzlinger (R), allows the use of handguns during the muzzleloader portion of firearms deer season. Voted do pass out of the House General Laws Committee on Tuesday.
TAXES
SS SCS HCS HB 45 Sponsored by Representative Hoskins (R), changes the laws regarding the Big Government Get Off My Back Act and provides an income tax deduction for certain small businesses that create new full-time jobs. Truly agreed to and finally passed on Wednesday.
VETERANS
HCS HB 136 Sponsored by Representative Day (R), allows a spouse of an active member of the United States Armed Forces to be eligible for unemployment benefits if accompanying the spouse in the event of a military transfer. Truly agreed to and finally passed on Wednesday.
SCS HB 149 Sponsored by Representative Day (R), extends the expiration date of the provisions regarding the Missouri Military Family Relief Fund to December 31, 2017, and the termination date of the provisions to September 1, 2018. Reported to the House with SCS on Wednesday.
HB 204 Sponsored by Representative Hoskins (R), allows a resident who is on active military duty to renew his or her expired driver’s license without a complete examination if the renewal is made within a specified time from discharge or residency. Truly agreed to and finally passed on Thursday.
SCS SB 26 & 106 Sponsored by Senator Wasson (R), allows for the issuance of Nixa Education Foundation and Combat Action special license plates. Referred to the House Transportation Committee on Tuesday.