Bill Text: IA SF81 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act declaring the federal Patient Protection and Affordable Care Act invalid, null and void, and of no effect in this state, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-01-23 - Subcommittee reassigned, Jochum, Courtney, and Feenstra. S.J. 116. [SF81 Detail]
Download: Iowa-2013-SF81-Introduced.html
Senate
File
81
-
Introduced
SENATE
FILE
81
BY
SORENSON
,
FEENSTRA
,
and
CHELGREN
A
BILL
FOR
An
Act
declaring
the
federal
Patient
Protection
and
Affordable
1
Care
Act
invalid,
null
and
void,
and
of
no
effect
in
this
2
state,
providing
penalties,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
LEGISLATIVE
FINDINGS.
The
general
assembly
of
1
the
state
of
Iowa
finds
that:
2
1.
The
people
of
the
several
states
comprising
the
United
3
States
of
America
created
the
federal
government
to
be
their
4
agent
for
certain
enumerated
purposes,
and
nothing
more.
5
2.
The
Tenth
Amendment
to
the
Constitution
of
the
United
6
States
defines
the
total
scope
of
federal
powers
as
being
that
7
which
has
been
delegated
by
the
people
of
the
several
states
8
to
the
federal
government,
and
all
powers
not
delegated
to
the
9
federal
government
in
the
Constitution
of
the
United
States
10
are
reserved
to
the
states
respectively,
or
to
the
people
11
themselves.
12
3.
The
assumption
of
power
that
the
federal
government
has
13
made
by
enacting
the
federal
Patient
Protection
and
Affordable
14
Care
Act
interferes
with
the
right
of
the
people
of
the
state
15
of
Iowa
to
regulate
health
care
as
they
see
fit,
and
makes
a
16
mockery
of
James
Madison’s
assurance
in
Federalist
Number
45
17
that
the
powers
delegated
to
the
federal
government
are
few
and
18
defined,
while
those
of
the
states
are
numerous
and
indefinite.
19
Sec.
2.
NEW
SECTION
.
1.19
Nullification
of
federal
patient
20
protection
and
affordable
care
Act
——
penalties.
21
1.
The
general
assembly
of
the
state
of
Iowa
declares
that
22
the
federal
law
known
as
the
Patient
Protection
and
Affordable
23
Care
Act,
signed
by
President
Barack
Obama
on
March
23,
2010,
24
is
not
authorized
by
the
Constitution
of
the
United
States
and
25
violates
its
true
meaning
and
intent
as
given
by
the
founders
26
and
ratifiers
of
the
Constitution
of
the
United
States,
and
27
is
hereby
declared
to
be
invalid
in
this
state,
shall
not
be
28
recognized
by
this
state,
is
specifically
rejected
by
this
29
state,
and
shall
be
considered
null
and
void
and
of
no
effect
30
in
this
state.
31
2.
It
shall
be
the
duty
of
the
general
assembly
of
this
32
state
to
adopt
and
enact
any
and
all
measures
as
may
be
33
necessary
to
prevent
the
enforcement
of
the
federal
Patient
34
Protection
and
Affordable
Care
Act
within
the
limits
of
this
35
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state.
1
3.
An
official,
agent,
or
employee
of
the
United
States
2
government
or
an
employee
of
a
corporation
providing
services
3
to
the
United
States
government
that
enforces
or
attempts
to
4
enforce
an
act,
order,
law,
statute,
rule,
or
regulation
of
the
5
United
States
government
in
violation
of
this
section
shall
be
6
guilty
of
a
class
“D”
felony.
7
4.
A
public
officer
or
employee
of
this
state
that
enforces
8
or
attempts
to
enforce
an
act,
order,
law,
statute,
rule,
or
9
regulation
of
the
United
States
government
in
violation
of
this
10
section
shall
be
guilty
of
an
aggravated
misdemeanor.
11
5.
Any
aggrieved
party
shall
also
have
a
private
action
12
against
any
person
violating
the
provisions
of
subsection
3
or
13
4.
14
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment.
16
EXPLANATION
17
This
bill
makes
legislative
findings
that
the
enactment
18
of
the
federal
Patient
Protection
and
Affordable
Care
Act
19
violates
the
Tenth
Amendment
of
the
United
States
Constitution
20
by
interfering
with
the
rights
of
the
people
and
the
state
of
21
Iowa
to
regulate
health
care.
New
Code
section
1.19
rejects
22
the
federal
Act,
prohibits
recognition
of
the
federal
Act,
and
23
declares
that
the
federal
Act
is
invalid,
null
and
void,
and
of
24
no
effect
in
this
state.
25
New
Code
section
1.19
also
provides
that
an
official,
agent,
26
or
employee
of
the
United
States
government
or
an
employee
of
a
27
corporation
providing
services
to
the
United
States
government
28
who
enforces
or
attempts
to
enforce
a
federal
act,
order,
29
statute,
rule,
or
regulation
in
violation
of
this
bill
is
30
guilty
of
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
31
by
confinement
for
no
more
than
five
years
and
a
fine
of
at
32
least
$750
but
not
more
than
$7,500.
33
The
bill
further
provides
that
a
public
officer
or
employee
34
of
Iowa
that
enforces
or
attempts
to
enforce
a
federal
act,
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order,
statute,
rule,
or
regulation
in
violation
of
this
1
bill
is
guilty
of
an
aggravated
misdemeanor.
An
aggravated
2
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
3
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250.
4
The
bill
also
gives
an
aggrieved
party
a
private
action
5
against
a
federal
or
state
official,
agent,
or
employee
who
6
enforces
or
attempts
to
enforce
the
federal
Patient
Protection
7
and
Affordable
Care
Act.
8
The
bill
is
effective
upon
enactment.
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