Bill Text: IN SB0230 | 2013 | Regular Session | Introduced
Bill Title: Applicability of federal law in Indiana.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2013-02-14 - Senator Glick removed as coauthor [SB0230 Detail]
Download: Indiana-2013-SB0230-Introduced.html
Citations Affected: IC 1-1-2-1; IC 1-1.5; IC 35-51-1.1.
Synopsis: Applicability of federal law in Indiana. Provides that any
federal act, order, law, rule, regulation, or statute found by the general
assembly to be inconsistent with the power granted to the federal
government in the Constitution of the United States is void in Indiana.
Provides that a resident of Indiana has a cause of action to enjoin the
enforcement or implementation or the attempted enforcement or
implementation of a federal act, order, law, rule, regulation, or statute
declared void by the general assembly. Provides that a plaintiff who
prevails in such an action is entitled to reasonable attorney's fees and
costs. Provides that a person who knowingly or intentionally
implements or enforces, or attempts to implement or enforce, a federal
law that is declared void by the general assembly commits a Class D
felony. Finds that the federal Patient Protection and Affordable Care
Act and the federal Health Care and Education Reconciliation Act of
2010 are inconsistent with the power granted to the federal government
in the Constitution of the United States.
Effective: Upon passage.
January 7, 2013, read first time and referred to Committee on Rules and Legislative
Procedure.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
(A) prior to the fourth year of the reign of James the First (except the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth);
(B) of a general nature and not local to that kingdom; and
(C) not inconsistent with the
ARTICLE 1.5. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN INDIANA
Chapter 1. Legislative Statements
Sec. 1. The general assembly finds the following:
(1) The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes as set forth in the Constitution of the United States and for nothing more.
(2) The Tenth Amendment to the Constitution of the United States 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 powers not delegated to the federal government in the Constitution of the United States are reserved to the states respectively, or to the people themselves.
Sec. 2. The general assembly finds that the power that the federal government has assumed by enacting the federal Patient Protection and Affordable Care Act (P.L.111-148) and the federal Health Care and Education Reconciliation Act of 2010 (P.L.111-152):
(1) is nowhere expressly granted by the Constitution of the United States;
(2) interferes with the right of the people of Indiana to regulate health care as they see fit; and
(3) is inconsistent with the power granted to the federal government in the Constitution of the United States.
Chapter 2. Status of Federal Law Found Inconsistent with the Power of Congress Defined in the Constitution of the United States
Sec. 1. As used in this chapter, "law" includes an act, a law, an order, a rule, a regulation, or a statute.
Sec. 2. A federal law found in IC 1-1.5-1 to be inconsistent with the power granted to the federal government in the Constitution of the United States is void in Indiana.
Sec. 3. (a) A resident of Indiana has a private right of action to enjoin the enforcement or implementation, or the attempted enforcement or implementation, of a federal law declared void under section 2 of this chapter.
(b) A plaintiff who prevails in an action brought under this section is entitled to recover reasonable attorney's fees and costs of the action.
Sec. 4. A person who knowingly or intentionally implements or enforces a federal law, or attempts to implement or enforce a federal law, that is declared void under section 2 of this chapter commits a Class D felony.
Chapter 1.1. IC 1 Criminal Statutes
Sec. 1. The following statutes define crimes in IC 1:
IC 1-1.5-2-4 (Concerning implementing or enforcing certain federal laws).
