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REFERENCE TITLE: federal health care; nullification |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2725 |
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Introduced by Representatives Seel, Fillmore, Gowan, Kavanagh, Smith D, Stevens, Senators Burges, Gould, Klein, Smith: Representatives Crandell, Goodale, Harper, Judd, Proud, Urie, Senators Antenori, Biggs, Gray, Melvin, Murphy
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AN ACT
Amending title 36, Arizona Revised Statutes, by adding chapter 39; Relating to federal health care legislation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 39, to read:
CHAPTER 39
FEDERAL HEALTH CARE LEGISLATION
ARTICLE 1. GENERAL PROVISIONS
36-3901. Federal health care law; invalidity in this state; violations; classification; private right of action
A. This state 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 declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state and are considered void and of no effect in this state.
B. It is the duty of the legislature of this state to adopt and enact any and all measures as may be necessary to prevent the enforcement of the patient protection and affordable care act and the health care and education reconciliation act of 2010 in this state.
C. An official, agent or employee of the United States government or any employee of a corporation providing services to the United States government who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United States government in violation of this section is guilty of a class 4 felony.
D. A public officer or employee of this state who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United States government in violation of this section is guilty of a class 1 misdemeanor.
E. An aggrieved party has a private right of action against a person who violates subsection C or D of this section.
Sec. 2. Legislative findings
The legislature finds that:
1. The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.
2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves. Furthermore, as stated in the Ninth Amendment, "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 and the health care and education reconciliation act of 2010 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.