IDAHO SECRETARY OF STATE
Ben Ysursa, Secretary of State
|Contact Person / Organization||
|Status||Deadline has passed. Proposed initiative will not be on the November 2010 ballot.|
|Short Ballot Title||
An initiative to clarify and limit the scope and applicability of certain laws related to health care.
|Long Ballot Title||
An initiative related to health care; amending Title 41, adding a new Chapter 60, authorizing individuals or entities to determine whether they wish to purchase health care or not, allowing direct payment for health care services without penalty, setting forth prohibitions denying state recognition of federal law, defining violations, setting forth penalties, and nullifying federal law.
|Attorney General Certificate of Review||Can be viewed by following this link to the Attorney General's web site. This document is provided in PDF file format, you must have a PDF reader installed on your computer to view the file.|
SECTION 1. That this act may be known and cited as the "People of Idaho's Health Care Freedom Act."
SECTION 2. That Title 41, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 60, Title 41, Idaho Code, and to read as follows:
41-6001. PURPOSE. (1) It is the purpose of this act is to preserve the freedom of an individual or entity in the state of Idaho to determine whether they wish to purchase health care or not. It is declared that the public policy of Idaho is to prevent any and all forms of coercion applied to persons in the State that might be utilized to compel them to buy a health insurance policy. This shall include any such coercive action by the federal government to the extent such violates standards enumerated in the ninth and tenth amendments to the United States Constitution or any other Constitutional standards which might apply to a specific Public Law. It is the intention that any law, rule, or regulation be nullified that might have the effect of infringing or destroying these freedoms such as preventing people for paying for health care services without going through an intermediary or higher taxes that might be attached to an income tax return, payroll taxes, taxes or fees applied to existing health care insurance premiums or any other coercive action.
41-6002. DEFINITIONS. For the purposes of this chapter:
41-6003. PROHIBITIONS. (1) To preserve the freedom of Idahoans to provide for their health care:
41-6004. APPLICABILITY TO FEDERAL LAWS. (1) Any federal law, regulation, order or other act by the federal government violating the provisions of this chapter is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.
41-6005. NULLIFICATION OF ANY INDIRECT VIOLATIONS OF THIS ACT. Any legislation, regulation, or administrative action whose enforcement or threatened enforcement might have the indirect effect of violating the prohibitions of this chapter shall also be null and void and of no force or effect in Idaho. For example, if there existed a requirement for an individual or business to file income tax returns and the effect of filing those tax returns according to the instructions given under penalty of perjury would have the same economic effect of penalties or fines for not purchasing health care insurance, that requirement of filing would be null and void in the State of Idaho and no civil or criminal enforcement actions for failure to file such income tax returns could take place in Idaho.
41-6006. COLOR OF LAW VIOLATIONS. If any individual attempts to compel a person in Idaho into surrendering a right or property guaranteed by this act by directly or indirectly threatening such person with the enforcement of a law or code which would be nullified by this chapter, the individual or individuals attempting to so compel shall be subject to penalties as detailed in Section 41-6007, Idaho Code.
41-6007. PENALTIES. (1) An arrest, search, or seizure or attempted arrest or seizure in violation of this act is unlawful, and individuals involved can be prosecuted by the county prosecuting attorney or attorney general's office for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The individuals involved can also be charged with any other applicable criminal offenses in Title 18, Idaho Code.
41-6008. SEVERABILITY. If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.