Bill Text: GA SR829 | 2009-2010 | Regular Session | Introduced
Bill Title: Georgia Attorney General; urged to begin preparations to challenge the constitutionality of H.R. 3590
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-02-03 - Senate Read Second Time [SR829 Detail]
Download: Georgia-2009-SR829-Introduced.html
10 LC 28
4926
Senate
Resolution 829
By:
Senators Hill of the 32nd, Hawkins of the 49th, Shafer of the 48th, Carter of
the 1st, Grant of the 25th and others
A
RESOLUTION
Urging
the Attorney General of Georgia to begin preparations to challenge the
constitutionality of H.R. 3590, the federal "Patient Protection and Affordable
Care Act"; and for other purposes.
WHEREAS,
recently, the United States Senate passed H.R. 3590, the "Patient Protection and
Affordable Care Act"; and
WHEREAS,
H.R. 3590 expands citizens' eligibility to receive Medicaid services if they
earn less than 133 percent of the federal poverty level; and
WHEREAS,
in Georgia alone, this expansion of Medicaid is estimated by the Georgia Senate
Budget Office to add $1 billion to state health care entitlement costs every
year; and
WHEREAS,
the impact of H.R. 3590 on Georgians is enormously costly and could be a risk to
maintaining many essential state programs; and
WHEREAS,
in order to obtain the 60 votes required to send the legislation to the Senate
floor for a vote and final passage, the United States Senate leadership included
an unprecedented special exemption called the Nebraska Compromise to obtain
Senator Ben Nelson of Nebraska's key 60th vote to pass the bill;
and
WHEREAS,
the Nebraska Compromise guaranteed Nebraskans that they would never have to pay
for their citizens' expanded access to Medicaid benefits included in H.R. 3590;
and
WHEREAS,
the Nebraska Compromise violates the principle that federal legislation must
have a legitimate national interest and cannot benefit any one state over
another; and
WHEREAS,
this transfer of wealth to and on behalf of the people of Nebraska also violates
the principles of fairness and equality contained in the United States
Constitution and is a taking of other Americans' property without just
compensation; and
WHEREAS,
H.R. 3590 also creates a federal mandate requiring all Americans to participate
in one national health insurance program; and
WHEREAS,
this unprecedented Congressional mandate threatens our individual liberty and
many legal experts believe that this federal mandate is unconstitutional;
and
WHEREAS,
the members of this body realize that Georgia does not yet have standing to sue
until President Obama signs H.R. 3590 into law; however, in light of the
questionable validity of this legislation and its potential negative effects on
the budget of the State of Georgia, it would be prudent to begin preparations
now for a potential legal action challenging this legislation should it become
law by completing the necessary legal research and preparing to join with what
is reported to be at this time over a dozen other states to challenge the
constitutionality of this bill.
NOW,
THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body
respectfully request the Attorney General of the State of Georgia to initiate a
formal investigation into the constitutionality of the special exemption set
forth in the United States Senate's version of this national health care
legislation and explore the availability of all other legal challenges that
Georgia could pursue to oppose this unconstitutional provision as well as
research the federal mandated health care provisions in H.R. 3590.
BE
IT FURTHER RESOLVED that the members of this body ask the Attorney General of
Georgia to join with the other state attorneys general who have publicly stated
they intend to investigate and collectively and individually sue to challenge
the legality of any national health care legislation that contains either the
Nebraska Compromise or the federal single-payer mandate.
BE
IT FURTHER RESOLVED that the members of this body request that the Attorney
General of Georgia report to this body regarding how the Attorney General
intends to address this constitutionally flawed legislation which will
financially harm every Georgian and advise the members of this body when and if
the Attorney General intends to sue the federal government on behalf of the
people of this state.
BE
IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed
to transmit an appropriate copy of this resolution to Attorney General Thurbert
Baker and Governor Sonny Perdue.
