On May 12th at 10:00 AM, NCFreedom is organizing a statewide protest at the General Assembly Building in Raleigh. This is the first day of the short session of the North Carolina General Assembly which starts at noon.
The following resolution will be introduced in the general assembly on May 12th to allow legislation that will exempt citizens and businesses of North Carolina from participation in federally mandated health care to be voted on in the short session:
BILL DRAFT 2009-MG-85D [v.2] (01/20)
(THIS IS A DRAFT AND IS NOT READY FOR INTRODUCTION)
4/1/2010 12:39:39 PM
Short Title: Protect Health Care Freedom. (Public)_____________________________________________________________________
Sponsors: Representatives Stam, Tillis, Barnhart, and Burris-Floyd (Primary Sponsors)_____________________________________________________________________
Referred to:
_______________________________________________________________________
1 A JOINT RESOLUTION AUTHORIZING THE 1 2009 GENERAL ASSEMBLY TO
2 CONSIDER A BILL TO BE ENTITLED AN ACT TO PROTECT THE FREEDOM TO
3 CHOOSE HEALTH CARE AND HEALTH INSURANCE.
4 Be it resolved by the House of Representatives, Senate concurring:
5 SECTION 1. The 2009 General Assembly may consider “A BILL TO BE
6 ENTITLED AN ACT TO PROTECT THE FREEDOM TO CHOOSE HEALTH CARE AND
7 HEALTH INSURANCE.”
8 SECTION 2. This resolution is effective upon ratification.
9
Once the resolution is passed, the general assembly will vote on the senate and house bills outlined below. As of April 27th, twenty-two states have filed lawsuits against this illegal mandate to nationalize health care. Help us become the next state to assert our Constitutionally guaranteed rights under the 10th amendment.
Schedule
10:00 AM to Noon – personally visit your legislators in the senate and house and tell them to support these bills
Noon – 12:15 PM - Dr. BJ Lawson
US Republican House of Representative’s candidate for the 4th district
12:15 PM - 12:45 PM - Michael Flynn -
Editor-in-Chief of Big Government (www.biggovernment.com). He has almost twenty years experience in policy development, legislative affairs, media relations, political campaigns and crisis communication. He has testified often before the U.S. Congress and before at least two-dozen state legislatures. His work has been cited by the Wall Street Journal, Washington Post, New York Post, Reason and numerous magazines, regional newspapers and radio. He is a frequent guest on a number of broadcast and cable networks. His work recently won top awards from the Western Publishing Association and the Los Angeles Press Club.
12:45 PM - 2:00 PM - surround the general assembly and peacefully demand that the bills be brought to the floor for a vote.
How can you help?
1. Come to Raleigh and help us surround the legislative building. Click here for parking lot locations.
2. Tell your friends and neighbors to come join us: this may be the defining moment in the history of our state as to whether we will stand up for our future or go quietly into the night.
3. Post this article or link to it on websites across the state. If you know a blogger or site administrator, tell them to post this event’s information.
4. Bring a sign with an appropriate message to our legislators: put this bill on the floor for a vote NOW and vote YES. Put your city or town on the sign so that we can show support across the state.
5. Contact media outlets to cover this event.
6. Tell other patriot groups to co-sponsor this protest. We all have to come together and become united to achieve our goals. Contact David@NCFreedom.us to have your group or organization listed as supporting this legislation and rally.
Existing Sponsors:
Asheville 9-12 Project
Asheville Tea Party
Buffalo Road KTM
Cape Fear Patriots
Carolina Liberty
Chatham County KTM
Henderson Co. 9-12 Project
Moore Tea Citizens
New Bern KTM
NCFreedom.us
NC Tea Party Revolution
North Carolina Conservative Party
North Carolinas Rangers
North Carolina Tea Party
Northern Wake Republican Club
Patriots28560
Triangle Conservatives Unite
Wake County Campaign for Liberty
Wake County Constitution Party
We The People – Fayetteville
Wilson Tea Party
Winston-Salem 912
7. Print out the flyer and hand it out.
8. Print out the senate and house legislation and pass it out.
David DeGerolamo
___________________________________________________________________________________________
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S D
BILL DRAFT 2009-MG-91C [v.3] (01/20)
(THIS IS A DRAFT AND IS NOT READY FOR INTRODUCTION)
4/26/2010 11:09:36 AM
Short Title: Protect Health Care Freedom. (Public)
___________________________________________________________________________________________
Sponsors: Senators Clary, Berger of Rockingham, Allran, Tillman, Hartsell, Apodaca, Brock, Goodall, Blake, Brown, Brunstetter, East, Preston, Hunt, Rucho, and Rouzer.
___________________________________________________________________________________________
Referred to:
___________________________________________________________________________________________
1 A BILL TO BE ENTITLED
2 AN ACT TO PROTECT THE FREEDOM TO CHOOSE HEALTH CARE AND HEALTH
3 INSURANCE.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. Chapter 58 of the General Statutes is amended by adding a new
6 article to read:
7 “Article 49A.
8 ”North Carolina Health Care Protection Act.
9 Ҥ 58-49A-1. Constraints on health care freedom prohibited.
10 (a) For purposes of this section, “employer” means a person engaged in business who
11 has employees, including the State and its political subdivisions.
12 (b) A law or rule shall not do any of the following:
13 (1) Compel a person to (i) provide for health care services or medical treatment
14 for that person or (ii) contract with, or enroll in, a public or private health
15 care system or health insurance plan.
16 (2) Compel an employer to (i) provide for health care services or medical
17 treatment for an employee or (ii) contract with a public or private health care
18 system or health insurance plan.
19 (3) Interfere with the right of (i) a person to pay directly for lawful health care
20 services or medical treatment to preserve or enhance the life or health of that
21 person or (ii) an employer to pay directly for lawful health care services or
22 medical treatment to preserve or enhance the life or health of an employee.
23 (4) Impose a penalty, tax, fee, or fine on:
24 a. A person for (i) providing for, or failing to provide for, health care
25 services or medical treatment for that person or (ii) contracting with,
26 or enrolling in, or failing to contract with or enroll in, a public or
27 private health care system or health insurance plan.
28 b. An employer for (i) providing for, or failing to provide for, health
29 care services or medical treatment for an employee or (ii) contracting
30 with, or failing to contract with, a public or private health care
31 system or health insurance plan.
___________________________________________________________________________________________
General Assembly Of North Carolina Session 2009
Page 2
___________________________________________________________________________________________
1 (c) This section shall not be construed to exempt an employer from 1 the provisions of
2 The North Carolina Workers’ Compensation Act set forth in Chapter 97 of the General Statutes.
3 (d) This section shall not be construed to expand, limit, or otherwise modify any of the
4 following:
5 (1) The common-law doctrine of necessaries that a spouse is liable for the
6 necessary expenses incurred by the other spouse, including expenses
7 incurred by medical necessity, or any other duty a person owes to his or her
8 spouse or dependents with respect to the provision of health care services or
9 medical treatment.
10 (2) Any law regarding which health care services or medical treatments are
11 lawful within this State or who is authorized to provide health care services
12 or medical treatments within this State.
13 (3) Any right or duty of a health care agent with respect to the principal pursuant
14 to a health care power of attorney executed in accordance with Article 3 of
15 Chapter 32A of the General Statutes.
16 (4) Any law regarding the right or duty of a parent or guardian in the
17 determination or provision of health care services or medical treatment for a
18 minor.
19 (e) Upon ascertaining that any of the provisions of this section have been violated, the
20 Attorney General shall have the duty and standing to bring or defend a state or federal action or
21 proceeding on behalf of the residents of this State or any individual resident of this State to
22 enforce the provisions of this section.”
23 SECTION 2. This act is effective when it becomes law.
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Any chance for handicap parking…or a ride from 27713 (near Southpoint and I 40)? I would be delighted to pay gas and parking. Want to be there but can barely walk (for the moment) so need a ride to site. — email: esh77@live.com
Here is the link to parking in Raleigh:http://ncfreedom.us/PDFs/Raleigh_parking.pdf
I want to see NC and her citizens spared having to pay mandatory healthcare just like you. Unfortunately, this law is clearly unconstitutional per NC Constitution Article 1, Section 5. The right way to accomplish this goal is to amend Article 1, Section 5 out of the NC Constitution. Until then, I cannot support this bill – it's not the right thing to do Constitutionally. And we all want government that's confined by the constraints of the Constitution, right?
The only way we can amend the NC Constitution is through legislation or a Convention of the People under Article XIII of the NC Constitution. No legislator in the state will introduce a measure from the people to amend the Constitution. This only leaves passing this legislation as a viable alternative.
Well, if we don't have the votes to amend the Constitution to allow the changes we desire, the changes need not be made. Unlike you, however, I think we can get someone to introduce this measure, and I think that it would be passed in a popular vote. I think that we CAN do this! I cannot, I will not, support any measure to end the tyranny called mandatory healthcare without a Constitutional amendment. Otherwise, "Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force." (NC Constitution, Article I, Section 5)
If you can find just one legislator to submit this, let us know. This is Initiative I on the main page of this site: http://ncfreedom.us/2010/01/19/convention-of-the-…
If you can find just one legislator to submit this, let us know. This is Initiative I on the main page of this site: http://ncfreedom.us/2010/01/19/convention-of-the-…
BTW We need to amend Article 1, Section 4 out as well while we're talking amendments to the NC Constitution.
That is what the bill does. They are using the US Constitution to enable this law.
Section 1 ……petition the government for a redress of grievances.
Sec. 8. Representation and taxation.The people of this State shall not be taxed or made subject to the payment of any impost or duty without the consent of themselves or their representatives in the General Assembly, freely given.
Sec. 35. Recurrence to fundamental principles.
A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.
Now with proof. This is exactly what they are following is the US Constitution. Now should 2/3 states follow this, the law or bill (Health Care) could be re-visited and re-voted on due the the dissatisfaction of the peoples of the US. This bill does follow the Article 1 Section 5 of the NC Constitution.
You do not have and argument unless you want the bill.
So it seems that Section 8 contradicts Section 5 in this case, so we should invoke Section 35 and push for a Constitutional amendment to get rid of Section 5, *then* pass the bill mentioned in this article, or amend the NC Constitution to prohibit mandatory services by Federal decree.
A Constitutional amendment is the only way to make this kind legislation "stick".
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