Bill Text: CA ACA24 | 2011-2012 | Regular Session | Introduced
Bill Title: Health care coverage.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2012-02-27 - Read first time. [ACA24 Detail]
Download: California-2011-ACA24-Introduced.html
BILL NUMBER: ACA 24 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Donnelly
(Coauthors: Assembly Members Cook, Jeffries, and Silva)
(Coauthors: Senators La Malfa and Walters)
FEBRUARY 24, 2012
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by adding Section 24
to Article XX thereof, relating to health care coverage.
LEGISLATIVE COUNSEL'S DIGEST
ACA 24, as introduced, Donnelly. Health care coverage.
Existing federal law, the Patient Protection and Affordable Health
Care Act, beginning in 2014, requires most individuals to maintain
minimum essential health care coverage or pay a penalty.
This measure would amend the California Constitution to prohibit a
federal, state, or local law or rule from compelling a person or
business to participate in a health care system, as defined; imposing
penalties or fines, as defined, for failure to maintain coverage; or
prohibiting the sale or purchase of health care or health insurance,
subject to specified exceptions.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
That Section 24 is added to Article XX thereof, to read:
SEC. 24. (a) A federal, state, or local law or rule shall not
compel, directly or indirectly, any person, employer, or health care
provider to participate in a health care system.
(b) A federal, state, or local law or rule shall not prohibit the
purchase or sale of health care or health insurance.
(c) A federal, state, or local law or rule shall not impose a
penalty or fine for the sale or purchase of health care or health
insurance.
(d) This section does not affect any of the following:
(1) Laws or rules in effect as of March 19, 2010.
(2) The services a health care provider or hospital is required to
perform or provide.
(3) The terms and conditions of government employment.
(4) Laws calculated to deter fraud or punish wrongdoing in the
health care industry.
(e) As used in this section:
(1) "Compel" includes the levying of penalties or fines.
(2) "Health care system" means any public or private entity or
program whose function or purpose includes the management of,
processing of, enrollment of individuals for, or payment for, in full
or in part, health care services, health care data, or health care
information for its participants.
(3) "Penalty or fine" means any civil or criminal penalty or fine,
any tax, any salary or wage withholding or surcharge, or any named
fee that is established by law or rule by an agency established,
created, or controlled by government and that is used to punish or
discourage the exercise of rights protected under this section.
