Senate File 2097 - Introduced SENATE FILE 2097 BY ZAUN , BOETTGER , BARTZ , REYNOLDS , KAPUCIAN , JOHNSON , NOBLE , WARD , HARTSUCH , SEYMOUR , BEHN , McKINLEY , KETTERING , HOUSER , HAMERLINCK , HAHN , FEENSTRA , and WIECK A BILL FOR An Act relating to unfunded federal mandates related to federal 1 health care reforms and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5175XS (4) 83 av/nh

S.F. 2097 Section 1. NEW SECTION . 1.19 Federal health care reforms 1 —— unfunded federal mandates. 2 1. It is the intent of the general assembly to affirm the 3 power of this state under the Tenth Amendment to the United 4 States Constitution to exercise those powers reserved to the 5 states including but not limited to providing state-based 6 regulation of the health insurance market, providing aggressive 7 oversight of all aspects of this market, and enforcing consumer 8 protection as well as ensuring a local, responsive presence for 9 Iowa consumers. 10 2. If, on or after the effective date of this Act, the 11 United States Congress enacts or otherwise imposes a mandate 12 that requires the state to engage in any new activity, to 13 provide any new service, or to provide any service beyond that 14 required by any law enacted or requirement otherwise imposed 15 prior to the effective date of this Act related to regulation 16 of the health insurance market, and the United States does not 17 appropriate moneys to fully fund the cost of the mandate or 18 other requirement, the state is not required to perform the 19 activity or provide the service and the state shall not be 20 subject to the imposition of any fines or penalties for failure 21 to comply with the federal mandate or other requirement. 22 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 23 immediate importance, takes effect upon enactment. 24 EXPLANATION 25 This bill affirms the intent of the general assembly to 26 exercise those powers reserved to the states, including 27 but not limited to providing state-based regulation of the 28 health insurance market, providing aggressive oversight of 29 this market, and enforcing consumer protection and a local, 30 responsive presence for Iowa consumers. 31 The bill provides that if the United States Congress enacts 32 or otherwise imposes a mandate that requires the state to 33 engage in any new activity or provide any new or expanded 34 service and does not appropriate moneys to fully fund the cost 35 -1- LSB 5175XS (4) 83 av/nh 1/ 2

S.F. 2097 of the mandate or other requirement, the state is not required 1 to perform the activity or provide the service and shall not be 2 subject to the imposition of any fines or penalties for failure 3 to do so. The bill is effective upon enactment. 4 -2- LSB 5175XS (4) 83 av/nh 2/ 2