Federal health care reform-prohibition.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0254

HOUSE BILL
NO.

HB0166

Federal health care reform-prohibition.

Sponsored by:
Representative(s) Baker, Jaggi, Kroeker and Reeder and Senator(s) Meier

A BILL

for

AN ACT relating to
health care; providing findings; prohibiting the state of Wyoming from enforcing unconstitutional provisions of federal health care law; prohibiting participation in health care insurance market places as specified; prohibiting the enforcement of health insurance contracts as specified;
granting rights and powers to the attorney general as specified; prohibiting involuntary visitations under federal law as specified;

and providing for an effective date.

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

Section 1.
The legislature of the state of Wyoming finds that the United States Supreme Court contravened Article I, Section 1 of the United States Constitution
when
it upheld the constitutionality of the Patient Protection
and Affordable Care Act of 2010
, Public Law 111–
148
,
in the case
National Federation of Independent Businesses et al. v.
Sebelius
, Secretary of Health and Human Services, et al.
, decided June 28, 2012. By
recharacterizing
the
Affordable Care
Act as a tax when Congress refused to identify it as such, the Supreme Court
legislated
new law in vio
lation of Article I, Se
ction 1 of the United States Constitution.

Section 2.
The Tenth Amendment to the United States Constitution
provides that the United States federal government is authorized to exercise only those powers delegated to it in the
United States
Constitution. Pursuant to Article 6 of the Constitution, the laws of the United States federal government are the supreme law of the land
if they are made pursuant to the United States Constitution. Laws enacted contrary to the United States Constitution are not the supreme law of the land.

Section 3.
The provisions of the Patient Protection and Affordable Care Act of 2010 grossly exceed the powers granted to the federal government in the United States Constitution and, therefore, are not the supreme law of the land.
The legislature of the state of Wyoming
may
refuse
to enforce those
provisions of the Patient Protection and Affordable Care Act of 2010 that exceeded the authority of congress.

Section 4
.
W.S. 9
‑
14
‑
102 and
14
‑
1
‑
102

are
created to read:

9
‑
14
‑
1
02.

Federal health care reform;
prohibition.

(a)

The state of Wyoming and its political subdivisions shall not engage in any activity that aids in the enforcement of those provisions of the Patient Protection and Affordable Care Act of 2010
, Public Law 111–148,
that exceed the authority of the United States
c
onstitution.

(b)

The state of Wyoming and its political subdivisions shall not establish nor participate in any state based or state partnership
health insurance
marketplace which offers health insurance policies to the citizens of Wyoming
and which could be established under the Patient Protection and Affordable Care Act of 2010. Neither shall the state of Wyoming or any of its subdivisions purchase health insurance from any health
insurance marketplace established by any nonprofit organization.

No
health insurance policy purchased in violation of this subsection shall be enforced by the courts of this state.

(c
)

The legislature of the state of Wyoming is empowered to take all actions necessary to enforce the provisions of subsection
s
(a)
and (b)
of this section.

(d
)

Whenever the attorney general has reasonable cause to believe that a
ny
person
is being harmed by implementation of the Patient Protection and Affordable Care Act
of 2010
and that proceedings would be in the public interest, the attorney general may bring an action for a temporary or permanent injunction to enjoin the implementation
which is
causing
harm
. Before any action is
filed
pursuant to this subsection, the attorney general shall provide notice to the person again
st whom the action will be brought
informing the person of the impending action and allowing an opportunity to present reasons w
hy an action should not be brought
. Any action
brought
by the attorney general shall be filed in a court of competent jurisdiction in the state of Wyoming and the court shall award reasonable costs
and attorney's fees
to any party
that substantially prevails in an action to obtain a permanent injunction against implementation
.

(e)

The state of Wyoming and its political subdivisions shall not conduct or authorize any person to conduct an involuntary maternal, infant or early childhood in-home visitation pursuant to Section 2951 of the Patient Protection and Affordable Care Act of 2010.

14
‑
1
‑
102.

Involuntary visitations under the
a
ffordable
c
are
a
ct; prohibition.

Pursuant to W.S. 9
‑
14
‑
102(
e), t
he state of Wyoming, its agencies and political subdivisions shall not be authorized by any section of this title to conduct
,
or authorize any person to conduct
,
an involuntary maternal, infant or early childhood in-home visitation pursuant to Section 2951 of the Patient Protection and Affordable Care Act of 2010
, Public Law 111-148
.

Section 5.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0166