Bill Text: OH SJR1 | 2011-2012 | 129th General Assembly | Comm Sub

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Bill Title: Proposing to enact Section 21 of Article I of the

Spectrum: Partisan Bill (Republican 28-0)

Status: (Engrossed - Dead) 2011-06-15 - Passed 3rd Consideration House [SJR1 Detail]

Download: Ohio-2011-SJR1-Comm_Sub.html

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As Reported by the House Health and Aging Committee

129th General Assembly Regular Session 2011-2012

S. J. R. No. 1

Senator Grendell 

Cosponsors: Senators Faber, Jones, Wagoner, Cates, Schaffer, Bacon, Daniels, LaRose, Jordan, Hughes, Hite, Beagle, Coley, Gillmor, Lehner, Manning, Niehaus, Obhof, Patton, Seitz, Widener 

Representatives Wachtmann, Goodwin, Burke, Gardner, Hottinger, Sears 

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A JOINT RESOLUTION

Proposing to enact Section 21 of Article I of the

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Constitution of the State of Ohio to preserve the

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freedom of Ohioans to choose their health care and

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health care coverage.

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Be it resolved by the General Assembly of the State of Ohio,	5
three-fifths of the members elected to each house concurring	6
herein, that there shall be submitted to the electors of the	7
state, in the manner prescribed by law at the general election to	8
be held November 8, 2011, a proposal to enact Section 21 of	9
Article I of the Constitution of the State of Ohio to read as	10
follows:	11

21.  (A) To preserve the freedom of Ohioans to choose	12
their health care and health care coverage:	13

(1) No law or rule shall compel, directly or indirectly, any	14
person, employer, or health care provider to participate in a	15
health care system.	16

(2) No law or rule shall prohibit the purchase of health care	17
or health insurance or the sale of health care or health	18
insurance.	19

(3) No law or rule shall impose a penalty or fine for the	20
purchase or sale of health care or health insurance.	21

(B) This section does not affect any law or rule in effect as	22
of March 19, 2010; affect which services a health care provider or	23
hospital is required to perform or provide; affect terms and	24
conditions of government employment; affect any law or rule	25
calculated to deter fraud or punish wrongdoing in the health care	26
industry; or affect any law or rule related to workers'	27
compensation.	28

(C) As used in this section:

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(1) "Compel" includes the levying of, or the threat of	30
levying, any penalty or fine.	31

(2) "Health care system" means any public or private entity	32
or program whose function or purpose includes the management of,	33
processing of, enrollment of individuals for, or payment for, in	34
full or in part, health care services, health care data, or health	35
care information for its participants.	36

(3) "Penalty or fine" means any civil or criminal penalty or	37
fine, tax, salary or wage withholding or surcharge, or any named	38
fee with a similar effect established by law or by rule of a	39
government-established, -created, or -controlled agency that is	40
used to punish or discourage the exercise of rights protected	41
under this section.	42

EFFECTIVE DATE	43

If adopted by a majority of the electors voting on this	44
proposal at the general election held November 8, 2011, Section 21	45
of Article I of the Constitution of the State of Ohio shall take	46
effect immediately.	47