Bill Text: OR SB282 | 2013 | Regular Session | Introduced


Bill Title: Relating to health care; declaring an emergency.

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB282 Detail]

Download: Oregon-2013-SB282-Introduced.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1756

                         Senate Bill 282

Sponsored by Senator BOQUIST (at the request of Oregon Tenth
  Amendment Center) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Makes legislative finding that Patient Protection and
Affordable Care Act and Health Care and Education Reconciliation
Act of 2010 are unconstitutional. Declares Acts to be null and
void in this state.
  Creates crime of enforcing or attempting to enforce provisions
of Patient Protection and Affordable Care Act or Health Care and
Education Reconciliation Act of 2010, punishable by maximum of
five years' imprisonment, $5,000 fine, or both, if committed by
official, agent or employee of federal government or by employee
of corporation providing services to federal government, and
punishable by maximum of two years' imprisonment, $1,000 fine, or
both, if committed by public officer or employee of state.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to health care; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly of the State of Oregon
finds that:
  (1) The people of the several states that make up the United
States of America created the federal government to be their
agent for certain enumerated purposes as set forth in the United
States Constitution and nothing more.
  (2) The Tenth Amendment to the United States Constitution
defines the scope of federal powers as being those that have been
delegated by the people of the several states to the federal
government, and all powers not delegated to the federal
government in the Constitution of the United States are reserved
to the states respectively or to the people themselves.
Furthermore, as stated in the Ninth Amendment to the United
States Constitution, ' The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage
others retained by the people. '
  (3) The assumption of power that the federal government has
made by enacting the Patient Protection and Affordable Care Act
(P.L. 111-148) and the Health Care and Education Reconciliation
Act of 2010 (P.L. 111-152) is nowhere expressly granted by the
United States Constitution and interferes with the right of the
people of this state to regulate health care as they see fit. + }

  SECTION 2.  { + (1) The Legislative Assembly of the State of
Oregon declares that the Patient Protection and Affordable Care
Act (P.L. 111-148) and the Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152) are not authorized by
the Constitution of the United States and violate its true
meaning and intent as given by the founders and ratifiers and are
hereby declared to be invalid in this state, shall not be
recognized by this state, are specifically rejected by this state
and shall be considered null and void and of no effect in this
state.
  (2) Any official, agent or employee of the United States
Government or any employee of a corporation providing services to
the United States Government that enforces or attempts to enforce
an Act, order, law, statute, rule or regulation of the United
States Government for the purpose of carrying out the provisions
of the Patient Protection and Affordable Care Act (P.L. 111-148)
and the Health Care and Education Reconciliation Act of 2010
(P.L.  111-152) shall be guilty of a felony punishable by a fine
not exceeding $5,000, a term of imprisonment not exceeding five
years, or both.
  (3) Any public officer or employee of this state that enforces
or attempts to enforce an Act, order, law, statute, rule or
regulation of the United States Government for the purpose of
carrying out any provisions of the Patient Protection and
Affordable Care Act (P.L. 111-148) or the Health Care and
Education Reconciliation Act of 2010 (P.L. 111-152) shall be
guilty of a misdemeanor punishable by imprisonment in the county
jail for a period not exceeding two years, by a fine not
exceeding $1,000, or both.
  (4) Any person aggrieved by any act described in subsection (2)
or (3) of this section shall have a cause of action against the
person who is acting. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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