April 20, 2011 in Idaho

Otter vetoes revised nullification bill

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BOISE - Idaho Gov. Butch Otter has vetoed HB 298, the final version of a much-debated legislative effort to “nullify” the federal health care reform law.

The bill declared that Idaho wouldn’t comply with discretionary provisions of the law for one year, made various declarations, and prohibited the state from accepting federal money to implement the federal law or from moving to set up a health care exchange.

However, Otter said Idaho can set up its own health care exchange regardless of the national law - and if it doesn’t, under the law, the federal government could step in and set up Idaho’s exchange as the feds see fit.

“If we default to the federal government to run the exchange, it can impose regulations and requirements that discourage or make it impossible for insurers to offer affordable health coverage to individuals and small employers in Idaho,” Otter wrote in his veto message. “If Idaho operates its own exchange, we can preserve the private marketplace for health insurance and look for ways to help it function more efficiently.”

Otter said he was for the idea of an exchange “before the concept was co-opted by the national government.”

Yet, the Idaho Legislature this year rejected a budget for the state Department of Insurance that included a $2.5 million federal grant to allow Idaho to start setting up its own exchange; instead, lawmakers ordered the department to use $500,000 of state money for that effort.

HB 298 is the first, and only, bill that Otter has vetoed, from all the legislation enacted in this year’s Idaho legislative session.

An earlier version of the “nullification” legislation that sought to declare the national law void passed the House despite two Idaho attorney general’s opinions warning that it violated both the U.S. and Idaho constitutions and lawmakers’ oath of office; after that bill died in a Senate committee, HB 298, variously described as “grandson of nullification,” “nullification-lite” and the “watered-down” version, passed both houses.

“Even though I vetoed the bill today, I have issued an executive order … prohibiting state agencies and departments from implementing Obamacare, while allowing us to develop our own health care solutions,” Otter wrote in his veto message. “That avoids the unintended consequences of this legislation and strikes an appropriate balance between achieving the spirit of HB 298 - which I support - and my desire to not capitulate to the national government.”

He declared, “No one has opposed Obamacare more vehemently than me.”

Two comments on this story so far. Add yours!

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  oneanddone on April 20 at 11:49 a.m.

  “… allowing us to develop our own health care solutions.”

  I can only imagine what POS state health care that might be. Not much chance of legislators or governors using it either.

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  conspiracygirl on April 21 at 12:10 a.m.

  It was way too bad about those 2 spineless Senators who reneged on their duty to nullify unconstitutional acts of the Federal government. Do these guys seriously think that the Feds get to be the final judges of whether their own acts of oppression are constitutional or not…? Of course the Federal government will claim that everything they do is constitutional! It is the States that judge constitutionality.

  I hope these 2 senators will be taken down by the Tea Party next election. Kudos to all in Idaho who have resisted an out of control federal government. After the voters rid the state of the those who are willing to be party to any kind of tyranny that Washington see fit to inflict, Idaho will be a light to an entire nation that finds itsef helpless before the now unlimited power of the Federal Government.

  It is interesting how quickly those in Washington get sucked in by the lust for unlimited power. As a candidate the “constitutional expert” Obama declared,”The President does not have the power to unilaterally authorize a military attack in a situation that does not involve an actual or imminent threat to the nation.” It did not take long for him to forget this and we recently all stood back in amazement as as he unilaterally launched a war in a country that was of no threat to us and did not even threaten an American interest. Even those that consider the US beholden to the UN have no excuse to offer since the UN charter also demands that member nations participating in a UN resolution go through the constitutional or legal processes of their respective countries.

  Anyone who thinks the federal government believes there are limits to its power and would never ever overstep those limits is seriously out in la la land. State governments have the duty to protect the people from the unrighteous dominion of Washington.