ASSEMBLY, No. 861

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Assemblyman Space

 

 

 

 

SYNOPSIS

     Renders federal “Patient Protection and Affordable Care Act” null and void in NJ.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the federal “Patient Protection and Affordable Care Act” and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    The Legislature finds and declares that:

     a.    The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more;

     b.    Amendment X to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves;

     c.  The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the people of the State of New Jersey to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Number 45 of the Federalist Papers that the “powers delegated” to the federal government are “few and defined,” while those of the states are “numerous and indefinite”; and

     d.    The federal act is not authorized by the Constitution of the United States and violates its true meaning and intent as given by its founders and ratifiers, and is hereby declared to be invalid in this State, to not be recognized by this State, to be specifically rejected by this State, and to be considered null and void and of no force and effect in this State.

 

     2.    As used in this act, “federal act” means the federal “Patient Protection and Affordable Care Act,” Pub.L.111-148, as amended by the federal “Health Care and Education Reconciliation Act of 2010,” Pub.L.111-152, and any federal rules and regulations adopted pursuant thereto.

 

     3.  a.  The federal act shall be null and void and of no force and effect in the State of New Jersey.

     b.  It shall be the duty of the Legislature to adopt and enact any measures necessary to prevent the enforcement of the federal act within the limits of this State.

     c.    Any official, agent, or employee of the United States government or any employee of a corporation, firm, or other entity providing services to the United States government who seeks to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this act shall be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $1,000 nor more than $5,000, or be imprisoned for a term of not more than five years, or both, in the discretion of the court.

     d.    Any public officer or employee of this State who seeks to enforce an act, order, law, statute, rule, or regulation of the United States government in violation of this act shall be guilty of a disorderly persons offense and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $500 nor more than $1,000, or be imprisoned for a term of not more than two years, or both, in the discretion of the court.

     e.  In addition to the provisions of subsections c. and d. of this section, any aggrieved party shall also have a right of private action against any official, agent, or employee of the United States government or any employee of a corporation, firm, or other entity providing services to the United States government, or any public officer or employee of this State, for a violation of the provisions of this act.

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill renders the federal “Patient Protection and Affordable Care Act,” Pub.L.111-148, as amended by the federal “Health Care and Education Reconciliation Act of 2010,” Pub.L.111-152, and any federal rules and regulations adopted pursuant thereto, null and void and of no force and effect in the State of New Jersey.

     The bill further provides as follows:

·   It is the duty of the Legislature to adopt and enact any measures necessary to prevent the enforcement of the federal act within the limits of this State.

·   Any official, agent, or employee of the United States government or any employee of a corporation, firm, or other entity providing services to the United States government who seeks to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this bill is guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense is to be fined not less than less than $1,000 nor more than $5,000, or be imprisoned for a term of not more than five years, or both, in the discretion of the court.

·   Any public officer or employee of this State who seeks to enforce an act, order, law, statute, rule, or regulation of the United States government in violation of this bill is guilty of a disorderly persons offense and, notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense is to be fined not less than $500 nor more than $1,000, or be imprisoned for a term of not more than two years, or both, in the discretion of the court.

·   In addition, any aggrieved party will also have a right of private action against any official, agent, or employee of the United States government or any employee of a corporation, firm, or other entity providing services to the United States government, or any public officer or employee of this State, for a violation of the provisions of this bill.