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Today, in the Senate Commerce and Labor Committee, the anticipated fireworks didn’t materialize. But it sure did have some strange twists and turns.

Although there wasn’t as much hype concerning HB 10, The Virginia Health Care Freedom Act, there was due to be some suspense. The patron, Delegate Bob Marshall (R-13, Manassas), had reason to be confident since three similar Senate bills escaped Commerce and Labor earlier in session, albeit by 8-7 votes, due to the brave votes of Democrats Charles Colgan (D-29, Manassas) and Phil Puckett (D-38, Tazewell). But HB 10 is worded slightly different. One difference from the Senate bills is that it clearly limits exemptions on insurance purchase mandates in divorce settlements, an omission Senate liberals objected to in SB 417, SB 311 and SB 283. On the other hand, its protections from the federal government are a little more expansive.

Stage set, here’s what happened: Delegate Marshall barely was into the introduction of the bill when he got a few questions, including one from committee chairman and Majority Leader Dick Saslaw (D-35, Springfield), who asked, “Do you think we have the power to tell Congress what to do?”

Of course, the bill won’t tell Congress what to do. Only that Virginia won’t participate in a certain action (health care insurance mandates) that it may pass. In fact, Delegate Marshall cited a 1994 Congressional Budget Office memo during the HillaryCare debate, that stated never before had Congress mandate Americans to buy any good or service, and that doing so would open the door for other mandated purchases and a command economy. (Hopefully, our public schools still teach what political system uses a command economy.) He reasoned, that if Congress has never required an individual mandate before, it must not be legal, or it would have done so already in more than 200 years. He also cited New York v. United States where a federal court ruled in New York’s favor over a federal mandate. Seemingly anxious to just get it over with, it was about here where Senator Creigh Deeds (D-25, Bath) asked if there was any difference between HB 10 and the Senate bills, which Delegate Marshall already had volunteered that there was. He amended his bill to preserve divorce settlements in which insurance coverage may be a part, something on which committee liberals hammered the Senate bills’ patrons. On the other hand, his bill, in a macro constitutional sense (I love creating new phrases) was a bit broader and probably more protective of the feds than the Senate bills.

Before the committee’s legal counsel and Delegate Marshall could complete their responses, motions and comments started flying all over the place. Senator Saslaw, confident that the differences were huge and that the bills were not the same, motioned that HB 10 be passed by for the year. Senator Frank Wagner (R-7, Virginia Beach) made a substitute motion to report. Senator Steve Newman (R-23, Forest) made a parliamentary inquiry if the bill could be conformed into one of the Senate bills. He was told no because the bills are in different sections of the code.

That struck me as odd right away because bills are conformed all the time. In fact, “conforming” is changing legislative language to the exact same language as another bill — in other words, that’s the point! Change it and put it in any code section you want! So the motion to report was voted upon with Senators Puckett and Colgan upholding their part, but the bill failed 8-7. How could this be when the others passed? Senator Tommy Norment (R-3, Williamsburg) voted no.

As supporters gathered outside to plan a next step — primarily, to get Senator Norment to offer a motion to reconsider at the next meeting — word came out of the committee room to head back in: That’s what indeed he was doing! So the bill was brought right back up, interrupting the introduction of the next bill. After the motion to reconsider passed, a motion to — believe it or not — conform it to SB 417 was made and passed on a 8-7 vote. So, HB 10 survives, amended to the same language as SB 417. You like unintended consequences (something liberals are always warning us about)? Good, because now the protections for divorce orders is gone!

It should now pass the Senate floor, where it will go back to the House. It remains to be seen if Delegate Marshall will then insist on his original language when it returns there and force a conference committee, or if he’ll take what he has. Does he want pride of authorship? Or, knowing the other bill will become law, does he want to roll the dice and try to get the additional protections in HB 10 to become the law of the Commonwealth?

No issue has galvanized Americans like the attempt by President Barack Obama, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid to take over the American health care system and put it under federal government control. Conservatives, liberals, moderates, Democrats, Republicans and independents alike have made their voices known — No nationalized health care! After a string of embarrassing election losses — including the historic conservative landslide sweep here in Virginia last November and the recent Republican win in the Massachusetts special Senate election — it looked like health care “reform” was dead.

Not so fast. President Obama and his liberal Congressional allies are resuscitating their plans with talk of forcing it through Congress in a process called “reconciliation” that bypasses the protection of a filibuster. So, what can we do about it?

In Virginia, plenty! This week’s news from Washington couldn’t have better timing because Monday afternoon the Senate Commerce and Labor Committee will hear Delegate Bob Marshall’s HB 10, the Virginia Health Care Freedom Act, which would exempt Virginians from individual federal health care mandates. Although three Senate versions have passed the General Assembly already, and are on their way to Governor Bob McDonnell to become the first law of its type in the land, Delegate Marshall’s (R-13, Manassas) bill is slightly different and would provide additional protections. The Commerce and Labor Committee barely passed the other versions with 8-7 votes. Democrat Senators Charles Colgan (D-29, Manassas) and Phil Puckett (D-38, Tazewell) bravely bucked their party leadership to vote for true health care freedom. Please thank them, and encourage them and other members of the committee to vote for HB 10 to secure Virginia from federal intrusion into our personal health care decisions!

This is an historic opportunity for Virginia to protect itself from federal government intrusion! Please contact members of the Senate Commerce and Labor Committee (here) now and ask them to pass HB 10.

Friday afternoon, we were the first to alert the public that the Senate had assigned the Virginia Health Care Freedom Act (HB 10), in a blatant violation of its rules, to the Education and Health Committee. The bill, which overwhelmingly passed the House 72-26, by rule of the Senate should have been assigned to the Commerce and Labor Committee, where three similar Senate bills shocked the political establishment earlier in session by passing on 8-7 bipartisan votes. But yesterday, the bill’s Web page listed its assignment to the decidedly less friendly Ed and Health Committee.

The bill, patroned by Delegate Bob Marshall (R-13, Prince William), would exempt Virginia and Virginians from an individual health care mandate by the federal government. It appeared that the liberal Senate majority, licking its wounds from the surprise losses in C&L and Senate floor, wanted a pyrrhic victory by sticking it to the leader on the issue — Ed and Health at best would fall one vote short based on its membership and its 10-5 , well-out-of-proportion-super-majority. Of course, the train had left the station — the three Senate bills passed the House without amendments (thus avoiding a conference committee) and now are on their way to Governor Bob McDonnell.

This wasn’t the first time this session the Senate had tried chicanery with bill assignments. Earlier, the Legislative Information Services Web site gave away the Senate majority leadership’s strategy on SB 504 when it whitewashed its Courts of Justice sub-committee actions and, without and committee vote, had moved it to Ed and Health. So, was this another trick by the Democrat majority? Or did the Senate Clerk make a mistake, intentional or un? Or a combination thereof?

We don’t know, but, alas, we can breathe easy. Either we stirred up a hornet’s nest, the Senate leadership was adequately burned last time or there was a mistake — of some sort, by someone. Today, according to the bill’s Web page, it is rightfully assigned to the Commerce and Labor Committee (again with no mention of the previous committee assignment). So, we can expect another spirited debate in the Senate Commerce and Labor Committee later in session. At least we hope so. There are other tricks in the legislative bag to pull out. We hope they stay put. If not, we’ll be there to expose them. Again.

The American Legislative Exchange Council is an organization of state legislators that  promotes conservative and free market legislation throughout the 50 state legislatures. Its immediate past national chairman is Virginia House of Delegates Speaker Bill Howell (R-28, Fredericksbug). Its Virginia Chairmen are Delegate Chris Jones (R-76, Suffolk) and Senator Steve Martin (R-11, Chesterfield).

As a driving force for free market solutions to remedy health care, it provides model legislation to its state legislator membership, research and other tools, and tracks the progress of bills across the country. This year, health care freedom is one of ALEC’s  priorities as 30-plus states have introduced such legislation. It’s had a busy time in Virginia this session of the General Assembly as five bills protecting the health care freedom of Virginians have advanced rapidly through Mr. Jefferson’s capitol and Virginia races to become the first state to stand up to the federal government’s over reach into the health care decisions of individuals.

Recently, Christie Herrera, director of ALEC’s health and human services task force, spoke with World Net Daily Radio about the Virginia Health Care Freedom Act, as the national media continues to pay attention to Virginia’s lead as the first state to define the limits of the federal government’s powers.

To hear the seven minute interview, click here.

Delegate John O’Bannon (R-73, Henrico), the chief co-patron of Delegate Bob Marshall’s (R-13, Manassas) Virginia Health Care Freedom Act (HB 10), spoke at The Family Foundation of Virginia Day at the Capitol on January 18. Here are his comments on the bill, why it is necessary, constituent feedback and why it is constitutional. Delegate O’Bannon is a neurologist and was the only doctor in the House of Delegates for several years until 2008. Until this session started, he remained the only physician in the House. Now there are three “delegate-doctors,” with Doctors Chris Stolle (R-83, Virginia Beach) and Scott Garrett (R-23, Lynchburg) beating Democrat incumbents last November.

Delegate O’Bannon, long the General Assembly point man on health care issues, speaks about the Virginia Health Care Freedom Act.