Arizona lawmakers will join those in New Jersey considering the strongest legislation blocking implementation of the federal health care act proposed in the United States so far this year.

HB2725 and the senate companion bill SB1475 would nullify the Patient Protection and Affordable Care Act, and the Health Care and Education Reconciliation Act of 2010 in their entirety.

The legislation emphatically declares that the federal health care acts “are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers and are declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state and are considered void and of no effect in this state.”

The bills go a step further, making it a criminal offense for any Arizona state or federal official, agent or employee to attempt to enforce any provision of the federal health care act in the Grand Canyon State.

Several states will take up health care freedom legislation during the 2012 session, specifically addressing insurance mandates. But the Arizona bill takes things a step further, rightly judging the entire health care act unconstitutional. The bills’ authors build their case upon the Ninth and Tenth Amendments, pointing out that the Constitution grants the federal government specific and limited powers, leaving the rest to the states and the people.

From the bill –

“The assumption of power that the federal government has made by enacting the patient protection and affordable care act and the health care and education reconciliation act of 2010 is nowhere expressly granted by the United States Constitution and interferes with the right of the people of this state to regulate health care as they see fit.”

But that’s not all..

“An official, agent or employee of the United States Government or any employee of a corporation providing services to the United States Government who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United states Government in violation of this act is guilty of a Class 4 Felony.”

Several sponsors signed on to both the senate and house bills. Senate sponsors include Gould, Murphy, Griffin, Nelson, Shooter and Yarbrough. House sponsors include Seel, Fillmore, Gowan, Kavanagh, D. Smith, Stevens, Crandell, Goodale, Harper, Judd, Proud and Urie.

Last year, the North Dakota legislature passed health care nullification legislation lacking the enforcement provisions featured in the bills under consideration in Arizona and New Jersey. Gov. Jack Dalrymple signed the bill into law on April 27, 2011.

To track health care nullification legislation across the U.S., click HERE.

For model health care nullification you can propose to your state lawmakers, click HERE.

Mike Maharrey

The 10th Amendment

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