HF 178 (LSB 1318YH (3) 85)

HOUSE FILE 178

BY  ALONS, SHEETS, HEARTSILL, GASSMAN, SHAW, WATTS, SCHULTZ, HIGHFILL, FORRISTALL, BRANDENBURG, DRAKE, and SALMON

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  LEGISLATIVE FINDINGS.  The general assembly of the state of Iowa 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 Constitution of the United States defines the total scope of federal powers as being that which has 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.
   3.  The assumption of power that the federal government has made by enacting the federal Patient Protection and Affordable Care Act interferes with the right of the people of the state of Iowa to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist Number 45 that the powers delegated to the federal government are few and defined, while those of the states are numerous and indefinite.
    Sec. 2.  NEW SECTION.  1.19  Nullification of federal patient protection and affordable care Act —— penalties.
   1.  The general assembly of the state of Iowa declares that the federal law known as the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the founders and ratifiers of the Constitution of the United States, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.
   2.  It shall be the duty of the general assembly of this state to adopt and enact any and all measures as may be necessary to prevent the enforcement of the federal Patient Protection and Affordable Care Act within the limits of this state.
   3.  An official, agent, or employee of the United States government or an 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 in violation of this section shall be guilty of a class “D” felony.
   4.  A 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 in violation of this section shall be guilty of an aggravated misdemeanor.
   5.  Any aggrieved party shall also have a private action against any person violating the provisions of subsection 3 or 4.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill makes legislative findings that the enactment of the federal Patient Protection and Affordable Care Act violates the Tenth Amendment of the United States Constitution by interfering with the rights of the people and the state of Iowa to regulate health care. New Code section 1.19 rejects the federal Act, prohibits recognition of the federal Act, and declares that the federal Act is invalid, null and void, and of no effect in this state.
   New Code section 1.19 also provides that an official, agent, or employee of the United States government or an employee of a corporation providing services to the United States government who enforces or attempts to enforce a federal act, order, statute, rule, or regulation in violation of this bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill further provides that a public officer or employee of Iowa that enforces or attempts to enforce a federal act, order, statute, rule, or regulation in violation of this bill is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   The bill also gives an aggrieved party a private action against a federal or state official, agent, or employee who enforces or attempts to enforce the federal Patient Protection and Affordable Care Act.
   The bill is effective upon enactment.