National health care bill review.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0280

SENATE FILE
NO.
SF0049

National health care bill review.

Sponsored by:
Senator(s)
Jennings

A BILL

for

AN ACT relating to
protection of constitutional rights;
directing
the attorney general to investigate the constitutional effects of federal health care or health insurance reform legislation; requiring a report; providing
for
the attorney general to seek legal remedies as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

(a)

The attorney general shall conduct an investigation to determine whether any health care reform or insurance reform legislation passed by the 111
th
Congress
of the
United States

violates either the
United State
s
or
Wyoming
constitution. The investigation shall include a determination of whether the Congress has constitutional authority for the enacted legislation
under article
1
, section 8, whether the legislation violates the limits on congressional power under article 1, section 9
and whether that legislation violates
rights retained by the people or the state under
the
9
th

amendment
or the
10
th

amendment to the United States constitution.

(
b
)

The attorney general shall investigate potential litigation against the federal government of the United States for the reasons provided in this section, in
cluding the possible initiation of
litigation
,

the
fil
ing of
an amicus curiae brief or interven
tion
as provided by state or federal law in any existing lawsuit concerning essentially the same issues. When considering whether to initiate or intervene in litigation, the attorney general shall give precedence to
lawsuits with venue in
Wyoming
before
act
ing
in lawsuits filed
elsewhere
in the
United States
.

(c)

Within sixty (60) days of the enactment of any health care reform or insurance reform legislation by the
United States
111
th
Congress, the attorney general shall report the results of his investigation to the joint labor, health and social services interim committee and the joint appropriations interim committee. The report shall include:

(i)

The attorney general's recommendation regarding initiation of or joinder in any litigation
, and the relief sought in that litigation
;

(ii)

The estimated
potential
cost of any recommended litigation
, whether the state would be represented by the attorney general or a private attorney representing the state under contract and whether an additional appropriation would be necessary for the costs of the recommended litigation;

(iii)

Whether the state of
Wyoming
may be entitled to damages or other relief as provided by state or federal laws or rules or regulations as a result of the health care reform or insurance reform legislation passed by the 111
th
Congress or any other act.

(
d
)

All costs of the investigation
and report
shall be paid from the attorney general's law office budget. However, nothing in this section shall be construed to prohibit the state, through the attorney general or a private attorney representing the state under contract, from seeking reasonable costs and attorney's fees from any responding party in litigation.

(e)

If the attorney general deems it necessary to preserve the rights of the state or its people, the attorney general may
,

before filing the report required by subsection (c) of this section,
seek to intervene or file an amicus curiae br
ief in any appropriate lawsuit filed in
state or federal court in the United States.
Before intervening in any lawsuit, the attorney general shall obtain the approval of the governor.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
SF0049