Party-line vote introduces new version of health care nullification bill

The House Ways & Means Committee has voted 4-3, along straight party lines, to introduced Rep. Vito Barbieri’s new health care bill, which, like his earlier health care nullification bill, would seek to declare the national health care reform law unconstitutional, forbid any state employees from doing anything to carry it out, and declare that Idaho employers don’t have to follow the law.

Barbieri’s new bill has a fiscal note that declares there’s no impact to the state general fund, because, “The state will, in fact, save taxpayer resources from being expended on a law whose constitutionality is still in question.” House Minority Leader John Rusche, D-Lewiston, moved to return the bill to sponsor, on grounds that the “fiscal note is inadequate.” That motion failed on a 3-4 party-line vote. Then, House Majority Leader Mike Moyle’s motion to introduce the bill - he said he wanted it introduced “knowing that it would be an interesting hearing to watch” - passed on a 4-3 party-line vote, with Republicans voting in favor and Democrats against.

Sen. Monty Pearce, R-New Plymouth, and Idaho Freedom Foundation executive director Wayne Hoffman looked on and conferred periodically with Barbieri. After the meeting, Rusche said the new bill is another nullification bill; attempts by the state to nullify federal laws have been flagged as unconstitutional in two Idaho Attorney General’s opinions, which found they violate both the U.S. and state constitutions and lawmakers’ oath of office. Barbieri’s earlier bill passed the House, but died in a Senate committee. Rusche said of the new bill, “It’s really unclear to me what it’s going to accomplish, other than put a delay in doing what’s necessary for compliance” with the national law. He called the bill “son of nullification-lite,” noting that Barbieri’s first version of the bill sought to declare the federal law “null and void,” and the second, which passed the House, just declared it “void.” This one, Rusche said, says, “It’s really the law of the land but we’re just not going to do anything.”