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* I told subscribers about this bill yesterday. Press release…
State Representative David Welter, R-Morris, has filed new legislation in the Illinois General Assembly to defend the right of parents to make medical decisions for their children.
The legislation, House Bill 4149, would prohibit the State or any local entity, agency, institution, official, or person from requiring a minor to obtain a health care service or take a health-related precaution, including facial masking or vaccination. If passed and signed into law, any person aggrieved by a violation would have a right of action in a State circuit court against an offending State or local entity, agency, institution, official, or person. A parent whose case prevailed would be entitled to recover damages in the amount of $1,000 per day for the duration of a violation.
“Protecting public health and respecting individual freedom are not mutually exclusive priorities. Both are essential to our democracy and the well-being of our communities,” Representative Welter said. “I am deeply concerned that parental rights are not being taken into consideration by those advocating one-size-fits-all mandates with regard to COVID mitigation. These actions are setting a dangerous precedent that threaten to eradicate the role of parents in all future public health situations beyond COVID. I cannot stand by and be silent in the face of this fundamental threat to our democracy that would deny a parent the ability to make medical decisions for their child.”
Representative Welter tested positive for COVID-19 in October 2020 and publicly shared his status including the symptoms he experienced. He is fully vaccinated for COVID-19 and has encouraged voluntary vaccination ever since vaccines became available. During the first months of the COVID-19 outbreak, Representative Welter sponsored a cloth mask collection drive at his district office in Morris, which he then distributed to local individuals and organizations who had reached out requesting them. During his cloth mask collection drive, Representative Welter shared the specific CDC guidelines for how to make and wear a homemade face covering. Welter has met with local hospital and health department officials and frontline health care workers throughout the pandemic, publicly praising and supporting their efforts.
As I told subscribers, this legislation is so broadly written that kids might not be barred from, or disciplined for pooping in public swimming pools.
* Synopsis…
Creates the Parental Medical Choice Act. Provides that no State or local entity, agency, institution, official, or person shall require a minor to obtain a health care service or take a health-related precaution. Provides that no State or local entity, agency, institution, official, or person shall discriminate against a minor because the child has or has not obtained a health care service or has or has not taken any health-related precaution. Provides that no public institution of higher education shall require any health care service or health-related precaution to be taken as a condition on enrollment or in-person classroom attendance. Makes other requirements concerning the prohibition against compulsory health care service or health-related precautions for children. Provides that any person aggrieved by a violation of the Act shall have a right of action in a State circuit court against an offending State or local entity, agency, institution, official, or person. Provides that a prevailing party may recover liquidated damages in the amount of $1,000 per day for the duration of a violation of the Act.
…Adding… From comments…
As written doesn’t this get rid of any vaccine mandates in schools? Also, doesn’t this mean that if my kid has a gaping infected wound he can’t be made to stay out of the school swimming pool?
Do these people think through what it is they are actually writing?
posted by Rich Miller
Tuesday, Sep 21, 21 @ 9:55 am
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As written doesn’t this get rid of any vaccine mandates in schools? Also, doesn’t this mean that if my kid has a gaping infected wound he can’t be made to stay out of the school swimming pool?
Do these people think through what it is they are actually writing?
Comment by Demoralized Tuesday, Sep 21, 21 @ 9:58 am
== this legislation is so broadly written that kids might not be barred from, or disciplined for pooping in public swimming pools.===
Finally, someone cares about the poopers.
Comment by Bruce( no not him) Tuesday, Sep 21, 21 @ 9:58 am
Staggering to think this is a member of the General Assembly openly advocating for sickness and death among children. I bet he’s “Pro Life”.
Comment by Give Me A Break Tuesday, Sep 21, 21 @ 9:59 am
Great. The coalition to bring back measles, mumps, and polio. I hope these folks relocate to Texas or Mississippi.
Comment by ChuckIL Tuesday, Sep 21, 21 @ 10:00 am
Sorry for the double post but he needs to be stripped of this position;
Health Care Availability & Access (Republican Spokesperson)
Comment by Give Me A Break Tuesday, Sep 21, 21 @ 10:02 am
=== “I am deeply concerned that parental rights are not being taken into consideration by those advocating one-size-fits-all mandates with regard to COVID mitigation. These actions are setting a dangerous precedent that threaten to eradicate the role of parents in all future public health situations beyond COVID. I cannot stand by and be silent in the face of this fundamental threat to our democracy that would deny a parent the ability to make medical decisions for their child.”===
What’s so odd or off putting with this is that a legislator is “championing” this idea that parents know better then medical professionals during a global pandemic.
When you read this… it’s that keeping children and society healthy is un-American and those willing to spread infectious diseases by “parental choice” is something needing a hero.
It’s an odd way to support ‘Merica, and something a science denier or anti-health would “champion”
Comment by Oswego Willy Tuesday, Sep 21, 21 @ 10:03 am
Am I going to be arrested the next time I hand a child a tissue to blow their nose?
Comment by Cheryl44 Tuesday, Sep 21, 21 @ 10:05 am
Never though I’d see a Meningitis Promotion Act introduced.
Comment by ArchPundit Tuesday, Sep 21, 21 @ 10:09 am
Maybe Rep. Welter would be in favor of getting rid of DCFS or child endangerment laws because, you know, parental rights.
Comment by Pundent Tuesday, Sep 21, 21 @ 10:09 am
Schools can’t require a minor to take a “health related precaution.”
So, schools can’t send a kid home who has a fever or is vomiting?
Comment by TNR Tuesday, Sep 21, 21 @ 10:10 am
My reading of this is that someone with a communicable disease could not be sent home from school unless they want to be.
Bring out your dead.
Comment by ArchPundit Tuesday, Sep 21, 21 @ 10:11 am
Parents already have the right to make medical decisions for their children. It’s just that those decision may lead to consequences such as not being able to participate in certain activities including in-person instruction and team sports. No one is holding a gun to anyone’s head and saying “you must get vaccinated”. The anti-vaxxers want to have their cake and eat it too.
Comment by Cubs in '16 Tuesday, Sep 21, 21 @ 10:12 am
Parents do have the right to control their children’s health decisions such as masking or immunizations. As long as they keep them at home. The minute the children come in contact with other people, then the absolute rights start being limited. And that is long established law. It’s why children need to prove immunizations in school. It’s why children can be sent home in the middle of the day if they have a fever.
If parents don’t want their children to wear masks while being educated or to get immunized, homeschooling is their right.
Comment by cermak_rd Tuesday, Sep 21, 21 @ 10:14 am
Children aren’t the property of their parents.
Comment by Candy Dogood Tuesday, Sep 21, 21 @ 10:17 am
More from the local control crowd…”we will tell you what to control and when” Very logical
Comment by Annonin' Tuesday, Sep 21, 21 @ 10:18 am
On the positive side, there’s no provision for bounty hunters. So, it’s got that going for it.
Comment by Steve Rogers Tuesday, Sep 21, 21 @ 10:19 am
The Carl Spangler Memorial Doodie Act.
Comment by The Opinions Bureau Tuesday, Sep 21, 21 @ 10:21 am
I hope someone points out to him this likely ends football in Illinois schools.
Why do you say that OneMan?
You are going to have a hard time finding officials.
First
Section 20. Prohibitions.
14 (a) No State or local entity, agency, institution,
15 official, or person shall require a minor to obtain a health
16 care service or take a health-related precaution.
If I have a player on the field who is displaying any sort of concussion symptoms or is unconscious on the field they are unable to return to the field unless approved by a medical professional. That is what is known as a ‘federation rule’ that is a national rule that is true in virtually every state. This would seem to indicate I can’t do that, if Timmy’s dad says he is ok, I can’t prevent Timmy from playing.
More common situation: Timmy is bleeding, if you are actively bleeding you can’t be on the field. Stopping the bleeding would be considered ‘treatment’, I am ordering Timmy to get treatment in order to participate. That can cost me $1,000 a day if Timmy’s
dad says it’s ok that Timmy bleeds on other kids.
Where things can get really stupid:
Before the game, Timmy’s dad hands us a note indicating that no matter what we can not send Timmy off for an injury because that would require treatment and I can’t do that against dad’s will, and dad’s will is Timmy stays in the game.
I am sure my insurance carrier is going to love that (or just not cover me for it).
But those are crazy situations, Timmy’s dad isn’t nuts.
But wait there is more.
In football, we are down 30% in terms of the number of officials due to COVID and other reasons. This isn’t going to help that at all, if kids can opt-out of a mask (or another health requirement) more football officials are going to say ‘the risk isn’t worth $59′.
Also in section 20
17 (b) No State or local entity, agency, institution,
18 official, or person shall discriminate against a minor because
19 the child has or has not obtained a health care service or has
20 or has not taken any health-related precaution.
So school physicals are off the table now? All vaccinations? Timmy can show up with a 102 fever and dad can call the school and say, you can’t send him home, send him back to class? No more doctor’s notes if you have been out of school for more than X days.
Seems to me he needs to also amend the state truancy laws as well.
I know this bill isn’t going anyplace. But still…
Comment by OneMan Tuesday, Sep 21, 21 @ 10:23 am
I get having to throw out a press release bill on occasion. Even the most earnest legislator has to engage in a little “show business” once in a while, particularly if they are facing a legit election challenge. But these are different times.
This might help Welter survive a primary challenge, but he will no longer be seen as a serious legislator. That’s a pretty big price to pay.
Comment by Roman Tuesday, Sep 21, 21 @ 10:24 am
I am aggrieved by having to stop at stoplights. Maybe he can do something for me?
It’s only because I have to rush to the party store to buy balloons for my “Welcome Back Polio” party.
Comment by Jibba Tuesday, Sep 21, 21 @ 10:24 am
How did Welter vote on HB40?
It’s rhetorical.
Comment by Oswego Willy Tuesday, Sep 21, 21 @ 10:25 am
At last parents can decide on whether head lice should be treated or not.
Comment by bkhartbnjo Tuesday, Sep 21, 21 @ 10:28 am
Important to note that the act covers mental as well as physical health, and there’s no language restricting “health-related precaution” to precautions that only affect the health of the child in question.
Pretty sure that means the bill would create a bullying free-for-all.
Comment by vern Tuesday, Sep 21, 21 @ 10:29 am
You’re telling me my child has a compound fracture with the bone sticking out? Just rub some dirt on it and I will sort things out after school.
Comment by Jocko Tuesday, Sep 21, 21 @ 10:30 am
Good points, OneMan. Wouldn’t football helmets be put on the endangered list too? No snark.
Comment by Rich Miller Tuesday, Sep 21, 21 @ 10:31 am
I didn’t realize Rep Welter was a member of the Pentecostal Followers of Christ Church sect.
Salt of the Earth, laying of hands and anointing with oil premature home delivered babies, leaving illness and infection to fester in children as the Lord will heal through prayer.
This is definitely the type of folks we should make laws in favor of?
Could he write a law that lets Cam Brady to come and do snake charming in the center of the Capitol?
Comment by Frank talks Tuesday, Sep 21, 21 @ 10:35 am
Rep. Welter pushes back on the CDC and public health trying to restrict our public pool freedoms …
https://www.cdc.gov/healthywater/swimming/images/btn-dont-leave-your-mark.gif
Comment by Michelle Flaherty Tuesday, Sep 21, 21 @ 10:39 am
Rich, one of the rules we have that is different than the NFL and college is that knee pads have to cover knees (seems logical) and we deal with that all the time. I must tell a kid to cover his knees 5 to 20 times during a game (and we send them off for a play for that).
Mouthpieces would be the same way.
It would be a nightmare, so I would have to keep track of what kids have kneepad and mouthguard wavers?
No thanks.
Comment by OneMan Tuesday, Sep 21, 21 @ 10:41 am
You sign off your rights, when you sign up your child for school
Comment by Rabid Tuesday, Sep 21, 21 @ 10:44 am
=he will no longer be seen as a serious legislator=
Nor will his party which either enables or stays silent and chooses to be defined by these actions.
Comment by Pundent Tuesday, Sep 21, 21 @ 10:46 am
= Do these people think through what it is they are actually writing? =
No, they don’t.
Comment by JoanP Tuesday, Sep 21, 21 @ 10:53 am
- OneMan - bringing the heat, - Demoralized - all over the logic, good stuff all…
I do understand and appreciate the “show business” aspects legislators, actually all pols, need, but a real touchstone to that idea of show business legislation should never include health and safety of children, illogically rationalized for a minority of unserious primary voters.
If anything it’s signaling, signaling a spinelesslness of a legislator desperate for recognition of the brainless to health.
I’d call it dorm room logic but that’s a disservice to dorm room thinking
Comment by Oswego Willy Tuesday, Sep 21, 21 @ 10:54 am
—-This might help Welter survive a primary challenge, but he will no longer be seen as a serious legislator—-
This may be the most accurate point made.
Comment by Frank talks Tuesday, Sep 21, 21 @ 10:57 am
Sometimes the only gutting comment consists of solely banned words and punctuation. This is demanding that the return to the days of smallpox, polio, MPs, measles, rubella, whooping cough, tetanus. We still haven’t eliminated meningitis outbreaks on college campuses.
Flu and other stomach viruses will run rampant through schools for weeks because Johnny’s and Jane’s parents each sent them to school after they vomited early that morning. Don’t want to take a work day off.
The children with immune compromised systems will never be able to leave their house and participate in anything because they can’t trust their friends to be vaccinated against anything,
Elderly grandparents won’t be able too see their grandchildren ever.
And yet a subset of people are cheering right now because ‘freedom’.
Comment by thoughts matter Tuesday, Sep 21, 21 @ 11:07 am
This kind of grandstanding go-nowhere stunt cements the public’s low opinion of politicians. There’s work to be done and this guy is wasting staff time, and even paper, on his “bill” that’ll go nowhere.
He could’ve just held a press conference to make his point.
Comment by Sir Reel Tuesday, Sep 21, 21 @ 11:09 am
Some schools have banned anything containing peanuts because some kids have bad allergies. I’m assuming those bans would be off the table if this bill somehow passed (which it won’t).
Comment by Rich Miller Tuesday, Sep 21, 21 @ 11:12 am
If this is what the ILGOP offers up as reasonable compromise, I’m perfectly content with allowing the Governor to, as they’ve characterized it, act like a king.
Comment by Pundent Tuesday, Sep 21, 21 @ 11:19 am
So, instead of trusting doctors and scientists to be in control of my children’s health, I am supposed to rely on other parents? So the lowest common denominator, omega dog is now in charge? No thanks.
Comment by Ducky LaMoore Tuesday, Sep 21, 21 @ 11:21 am
Rich, agree that it’s never going to pass. But I think the Dems would be foolish to not send this to a committee for a hearing.
Comment by Juice Tuesday, Sep 21, 21 @ 11:24 am
Until the last 6 months , I didn’t realize how many young folks are anti-vax(everything) and anti pharmaceutical. I’m sure their are plenty of antivax folks who formulate their position cause of politics, but I’m talking college age, somewhat left leaning folks. Is anyone else seeing that?
Comment by Blue Dog Tuesday, Sep 21, 21 @ 11:29 am
I was just coming in to mention peanuts! The last place I lived, we had a parent show up at the school board meeting just foaming at the mouth with rage because his daughter couldn’t bring peanut butter sandwiches to school, which was a violation of her rights and preventing her from being healthy. (Because apparently peanut butter was the only thing she would eat.) One of the students *in his daughter’s classroom* had a very serious anaphylactic peanut allergy. The guy escalated over the course of a few weeks and ended up insisting that peanut allergies weren’t real, the school was harming his daughter irreparably, and (since the school had started checking his kid’s lunch where he now sent NOTHING BUT PEANUTS since he’d been forbidden to do so) he was going to send peanut butter in a hand-lotion bottle and “see if you can stop me from doing that — you don’t even know when peanuts are there, this is all fake.”
Anyway, the school board took out a restraining order at that point.
But this guy would 100% insist his kid couldn’t be prevented from bringing peanuts under this law and, as always, it would be children with allergies, medically-fragile children, children with particular risk factors, etc., who would be forced out of school, because “freedom for me but not for thee.”
Comment by Suburban Mom Tuesday, Sep 21, 21 @ 11:30 am
man, the banned punctuation mark keeps tripping me up, as a midwestern woman in my 40s I am deeply accustomed to using it to soften my tone in all my communications, or otherwise be perceived as “too strident.” You should do some data analysis on who gets caught by the banned punctuation mark filter — I bet it’s like 60% rage-heads but like 40% women trying to project a socially-appropriate tone.
Comment by Suburban Mom Tuesday, Sep 21, 21 @ 11:32 am
== the Dems would be foolish to not send this to a committee for a hearing ==
I like that line of thinking. One “show business” stunt deserves another. I’m not sure this is the right bill to play with, but I’d like to see the Dems force the Republicans to take some Covid-related votes this fall that will hurt them next fall.
Comment by TNR Tuesday, Sep 21, 21 @ 11:36 am
Welter isn’t new to the anti-vax nuttiness. Check out the witness slips on this resolution he filed prepandemic
https://ilga.gov/legislation/BillStatus.asp?GA=101&DocTypeID=HR&DocNum=762&GAID=15&SessionID=108&LegID=126367
Comment by Science save us Tuesday, Sep 21, 21 @ 11:36 am
=== I bet it’s like 60% rage-heads===
It’s extremely effective at blocking first-time commenters who wander over from FB. Kinda like a vaccine lol
Comment by Rich Miller Tuesday, Sep 21, 21 @ 11:39 am
Maybe the governor should issue an EO that new legislation should pass muster on this blog before it can advance. You all can pick it apart with the best of them. lol
Comment by Cubs in '16 Tuesday, Sep 21, 21 @ 11:40 am
Short title: Kill Illinois
Comment by Amalia Tuesday, Sep 21, 21 @ 11:42 am
Don’t think Welter will ever recover from introducing such a dumb bill. When it is scheduled in committee, it should be presented as a companion bill to the Eastern Bloc bill to separate downstate and Chicago. Welter is, after all, just south of I-80, and we therefore know where most of the votes of his bill will come from.
Comment by Medvale School for the Gifted. Tuesday, Sep 21, 21 @ 11:47 am
To everyone who notes how broad this bill is: the good representative can file this bill because he knows full well the majority party will never let it move. That means it will never result in a germ spread or a virus shared. And when the majority buries this to save his constituents, he can complain to the rafters how those dastardly Dems are standing in the way.
I hope the good representative will pause to consider how lucky he is to be in the minority party. Bill filings like this show the rest of us how lucky we are, too.
Comment by Socially DIstant watcher Tuesday, Sep 21, 21 @ 11:48 am
Amalia for a win (banned punctuation). And for a guy who supported masking, his straps must have been waaayy too tight the day he thought of this bill. Maybe he’s trying to cover himself with the anti-science crowd now for votes.
Comment by thisjustinagain Tuesday, Sep 21, 21 @ 11:54 am
The logic, for lack of a better term, is very similar to the religiously motivated bills.
They have to be written very broadly to not obviously be pushing a specific and single religion. In doing so, they completely forget about the larger sphere of reality they are operating in, and the effects things like this would have.
Without fail, this approach will alway causes absurd consequences in the larger sphere - like the issue with peanuts or bullying mentioned above.
Comment by TheInvisibleMan Tuesday, Sep 21, 21 @ 12:02 pm
Rep Welter advocates for $1,000 bounty on teachers and healthcare workers.
Comment by Downstate Sportsman Tuesday, Sep 21, 21 @ 12:13 pm
I think I’m developing a nutcase allergy.
Comment by PublicServant Tuesday, Sep 21, 21 @ 12:15 pm
=At last parents can decide on whether head lice should be treated or not.=
These anti mask parents are the exact ones that want us to kick kids with lice out of school. Although gross, lice does not hurt kids.
Had a crazy parent show up at our board meeting last night touting Devore’s “wins” and this bill which she was sure would become law. LOL.
Comment by JS Mill Tuesday, Sep 21, 21 @ 12:15 pm
== Children aren’t the property of their parents.==
What Candy Dogood said. In fact, I would like to see legislation that would allow minors to get their Covid-19 vaccines without parental permission. Illinois is one of 41 states that require a parent’s consent for a minor to get the Covid vaccine (as well as most other vaccines). I get that a lot of kids, sadly, believe the toxic nonsense they are exposed to at home, but I guarantee there is a non-zero number of minors who are currently in a situation where they want the vaccine and can’t get permission. This should not be difficult to remedy.
Comment by Shirley Knott Tuesday, Sep 21, 21 @ 12:15 pm
==This might help Welter survive a primary challenge, but he will no longer be seen as a serious legislator. That’s a pretty big price to pay.==
You have to understand the shift that has taken place at the national level of the party. It’s all culture war now, that’s what gets the base frothing and out to vote. No one gives a rat’s patoot about policy. Ask future North Carolina Senator Madison Cawthorn, who has openly said his office is focused on “comms” and posts things on exactly the right frequency of stupid/cruel to guarantee his success.
Comment by Roadrager Tuesday, Sep 21, 21 @ 12:19 pm
From the medical experts on Facebook:
“The Protect Parents’ Rights team met multiple times with David Allen Welter State Representative on the subject of parents’ rights and THE FACTS regarding various so-called “health care services”.
In 2020, Rep Welter filed HR762 to urge the US Congress to remove from law the blanket immunity protections given to vaccine makers which following the testimony of Mary Holland and Protect Parents’ Rights’ Executive Director James Holderman at the Illinois Capitol was successfully passed out of the Illinois House Judiciary Committee on a bi-partisan vote.
On September 17, 2021, Rep Welter once again stands with the parents of Illinois and filed HB4149, “PARENTAL MEDICAL CHOICE ACT.”
Comment by WTH Tuesday, Sep 21, 21 @ 12:24 pm
Slow news day? Probably should have e had the “it’s only a bill” tag from the beginning.
Zero chance this bill will ever pass, let alone even be called for consideration.
A bill making Macomb the Capitol of IL stands a better chance of moving. LOL.
Truly much ado about nothing. Pure political cover in filing a bill of this nature.
Comment by Really? Tuesday, Sep 21, 21 @ 12:25 pm
==Truly much ado about nothing.==
No, it’s not. It’s a prime example of the ignorant attitudes out there surrounding public health and we need to continue to push back against crap like this.
Comment by Demoralized Tuesday, Sep 21, 21 @ 12:30 pm
Great analysis by OneMan. Also Cubs makes the point that parents do make all the decisions, but bad decisions come with consequences. Welter wants to immunize parents from their bad anti-health decisions.
Comment by Norseman Tuesday, Sep 21, 21 @ 12:46 pm
Democrats should put this bill on the floor for a vote, so Rep Welter can explain why he wants to allow children to smoke, drink and do drugs.
Comment by Billy Bong Tuesday, Sep 21, 21 @ 12:52 pm
“Much ado about nothing”
So, he feels this is what he should do to appease his base?
Then, no. Not much ado about nothing, but an alarm.
When your only platform is scaring old white people/rural gun owners, you are no longer a legitimate party engaged in policy making.
Stunts like this are no different than attacking the capitol.
You are catering to the fringe elements hell-bent on facism.
Comment by Flying Elvis'-Utah Chapter Tuesday, Sep 21, 21 @ 12:54 pm
“ Am I going to be arrested the next time I hand a child a tissue to blow their nose?”
Only if you make the child use it without the proper permission slip.
Comment by Lurker Tuesday, Sep 21, 21 @ 12:56 pm
Why do these wingnuts even bother to file this drivel. It has zero chance of passing and it is not what the majority of our citizens want. It’s been well established that schools have the right, indeed the obligation, to do what is necessary to protect the health and welfare of the students.
Comment by Manchester Tuesday, Sep 21, 21 @ 1:09 pm
People need to understand their rights stop when it causes harm to someone else.
Comment by Mama Tuesday, Sep 21, 21 @ 1:26 pm
As I read the bill, a minor would probably be able to get an abortion without parental permission and no government entity would be able to stop her.
Comment by Pot calling kettle Tuesday, Sep 21, 21 @ 1:26 pm
Note representatives Amy Grant and Andrew S. Chesney have signed on as co-sponsors.
Comment by TheInvisibleMan Tuesday, Sep 21, 21 @ 4:30 pm
Now this debate would be great if it came to the floor. Peanut allergies, pooping in pools, football helmets, festering wounds, etc etc
Comment by Frank talks Tuesday, Sep 21, 21 @ 5:24 pm
Last comment, maybe
so this would also take away the schools ability for measles, mumps, rubella, and the slew of other vaccines already in place, that no one protests, from being enforced?
That’s the plan let’s bring back the early 1900’s? Polio, whooping cough, smallpox, heck why not just see if we can dig way back and revive the plague while we’re at it?
Comment by Frank talks Tuesday, Sep 21, 21 @ 6:12 pm