New Jersey A861 would render the federal “Patient Protection and Affordable Care Act” null and void in the state. Sponsored by Assemblywoman Alison L. McHose, this bill not only voids the insurance mandate, it declares the entire act null and void within the state.
“This bill renders the federal “Patient Protection and Affordable Care Act,” Pub.L.111-148, as amended by the federal “Health Care and Education Reconciliation Act of 2010,” Pub.L.111-152, and any federal rules and regulations adopted pursuant thereto, null and void and of no force and effect in the State of New Jersey.”
A861 currently sits in the Assembly Health and Senior Services Committee. Your help is needed to get it moving towards a floor vote (action steps below)
BASIS FOR THE BILL
The bill itself provides the rational for nullification, based on the Tenth Amendment:
“The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more;
Amendment X to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.”
Not merely a statement, this bill has teeth:
“Any official, agent, or employee of the United States government or any employee of a corporation, firm, or other entity providing services to the United States government who seeks to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this act shall be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $1,000 nor more than $5,000, or be imprisoned for a term of not more than five years, or both, in the discretion of the court.
Any public officer or employee of this State who seeks to enforce an act, order, law, statute, rule, or regulation of the United States government in violation of this act shall be guilty of a disorderly persons offense and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $500 nor more than $1,000, or be imprisoned for a term of not more than two years, or both, in the discretion of the court.”
Please contact the members of the Assembly Health and Senior Services Committee, where this bill sits today! Strongly, but respectfully, urge them to move this bill out of committee and allow a floor vote.
CLICK HERE To track healthcare nullification legislation nationwide:
CLICK HERE for TAC model legislation, Federal Health Care Nullification Act
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