SENATE FILE 69

BY  ZAUN, BEHN, HAHN, FEENSTRA, CHELGREN, JOHNSON, KAPUCIAN, SORENSON, WARD, SMITH, and SEYMOUR

A BILL FOR

An Act relating to unfunded federal mandates related to federal health care reforms and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  1.19  Federal health care reforms —— unfunded federal mandates.

   1.  It is the intent of the general assembly to affirm the power of this state under the Tenth Amendment to the United States Constitution to exercise those powers reserved to the states including but not limited to providing state-based regulation of the health insurance market, providing aggressive oversight of all aspects of this market, and enforcing consumer protection as well as ensuring a local, responsive presence for Iowa consumers.
   2.  If, on or after the effective date of this Act, the United States Congress enacts, effectuates, or otherwise imposes a mandate that requires the state to engage in any new activity, to provide any new service, or to provide any service beyond that required by any law enacted or requirement otherwise imposed prior to the effective date of this Act related to regulation of the health insurance market, and the United States Congress does not appropriate moneys to fully fund the cost of the mandate or other requirement, the state is not required to perform the activity or provide the service and the state shall not be subject to the imposition of any fines or penalties for failure to comply with the federal mandate or other requirement.
   Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill affirms the intent of the general assembly to exercise those powers reserved to the states, including but not limited to providing state-based regulation of the health insurance market, providing aggressive oversight of this market, and enforcing consumer protection and a local, responsive presence for Iowa consumers.
   The bill provides that if the United States Congress enacts, effectuates, or otherwise imposes a mandate that requires the state to engage in any new activity or provide any new or expanded service and does not appropriate moneys to fully fund the cost of the mandate or other requirement, the state is not required to perform the activity or provide the service and shall not be subject to the imposition of any fines or penalties for failure to do so. The bill is effective upon enactment.