Bill Text: IN SB0505 | 2011 | Regular Session | Introduced
Bill Title: Applicability of federal law in Indiana.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-01-27 - Senator Waterman added as coauthor [SB0505 Detail]
Download: Indiana-2011-SB0505-Introduced.html
Citations Affected: IC 1-1-2-1; IC 1-1.5.
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 fees and
costs. 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 18, 2011, read first time and referred to Committee on Judiciary.
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. Furthermore, as stated in the Ninth Amendment of the Constitution of the United States: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.".
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.
