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Senate -- H 3101 -- Revised Anti-commandeering Language (2)

Senate -- H 3101 -- Revised Anti-commandeering Language (2)

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Published by Joshua Cook
Senate -- H 3101 -- Revised Anti-commandeering Language (2)
Senate -- H 3101 -- Revised Anti-commandeering Language (2)

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Published by: Joshua Cook on Jan 14, 2014
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01/18/2014

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Article 30 ACA Anti-Commandeering Act Section 1-1-1900. This Article may be cited as the 'ACA Anti-Commandeering Act.' Section 1-1-1905. For purposes of this article: (1) 'ACA' means the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010. (2) 'health insurance' means any policy of insurance that meets the definition provided by Section 38-1-20. (3) 'health care exchange' means an American Health Benefit Exchange established by the federal government, any state, or political subdivision of a state, as provided for in the ACA. (4) 'public body' means any department of the State, a majority of directors or their representatives of departments within the executive branch of state government as outlined in Section 1-30-10, any state board, commission, agency, and authority, any public or governmental  body or political subdivision of the State, including counties, municipalities, townships, school districts, and special purpose districts, or any organization, corporation, or agency supported in whole or in part by public funds or expending public funds, including committees, subcommittees, advisory committees, and the like of any such body by whatever name known, and includes any quasi-governmental body of the State and its political subdivisions, including, without limitation, bodies such as the South Carolina Public Service Authority and the South Carolina State Ports Authority. Section 1-1-1910. The General Assembly finds:
 
 (1) that significant portions of the ACA constitute an unprecedented overreach by the U.S. Congress and the federal government into areas of law and regulation that are undoubtedly involve the exercise of powers and duties that are patently reserved to the States and the people themselves under the United States Constitution; (2) particularly offensive to the rights and freedoms of the residents of this State are those  portions of the ACA that require employers to provide and individuals to obtain health insurance; (3) that pursuant to and furtherance of the fundamental principle of State Sovereignty the federal government may not command our State's officers, agents, or employees to participate in the enforcement or facilitation of any federal program the General Assembly determines to be offensive to fundamental freedoms guaranteed to our State's residents; (4) that this right to be free from the commandeering hand of the federal government has  been most notably recognized by the United States Supreme Court in
 Printz v. United States
 when the Court held:
“The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political
subdivisions, to administer or enforce a federal regulatory program.
(5) that the State has the duty and obligation refuse to participate in the facilitation and enforcement of those provisions of the ACA that are patently offensive to the principle of State Sovereignty and so significantly infringe upon the rights and freedom of all South Carolinians; and (6) that the anti-commandeering principles recognized by the U.S. Supreme Court in
 Printz v. United States
 are predicated upon the constitutional proposition that the State has the absolute and Sovereign right to interpose and refuse to assist in the enforcement of any federal program that the General Assembly determines to be offensive to fundamental freedoms guaranteed to our
 
State's residents, and the prohibitions contained in this article are a full and fair exercise of the sovereign power of this State in support of and in compliance with the anti-commandeering  principles recognized by the U.S. Supreme Court in
 Printz v. United States
. Section 1-1-1915. (A) Notwithstanding any provision of law, regulation, rule, or order to the contrary, a public official, officer, or employee of a public body, or any other person or entity during the provision of services on behalf of a public body, shall not: (1) enforce or aid in the enforcement of any federal act, law, order, rule, or regulation intended to give effect to or facilitate the enforcement of any portion of the ACA that requires an employer to provide or an individual to obtain health insurance; (2) provide material support, participation, or assistance in any form, with or to a federal agency or employee engaged in the enforcement of any federal act, law, order, rule, or regulation intended to give effect to or facilitate the enforcement of any portion of the ACA that requires an employer to provide or an individual to obtain health insurance ; (3) utilize any assets, state funds or funds authorized or allocated by the State to any public  body, on or after July 1, 2013, in whole or in part, to engage in any activity that aids in the enforcement of any federal act, law, order, rule, or regulation intended to give effect to or facilitate the enforcement of any portion of the ACA that requires an employer to provide or an individual to obtain health insurance; (4) participate in the establishment of a health care exchange by the State or a political subdivision, assist in the enrollment of any person in any health care exchange, or provide any other material support, participation, or assistance, with or to a federal agency or employee, or any other person acting on behalf of, in conjunction with, or in support of, any health care

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