Bill Text: GA SR830 | 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 [SR830 Detail]

Download: Georgia-2009-SR830-Introduced.html

---

10 LC 28 4925

Senate Resolution 830

By: Senators Hill of the 32nd, Shafer of the 48th, Hawkins of the 49th, 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 GENERAL ASSEMBLY OF GEORGIA 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.