1.1 	A bill for an act
1.2 	relating to health; providing for freedom of choice in health care; specifying state 
1.3 	policy related to the Patient Protection and Affordable Care Act; prohibiting the 
1.4 	state of Minnesota and political subdivisions from enforcing, implementing, 
1.5 	or funding provisions of the act;proposing coding for new law in Minnesota 
1.6 	Statutes, chapter 1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [1.061] FREEDOM OF CHOICE IN HEALTH CARE.
1.9 		Subdivision 1.Legislative intent. (a) The Constitution of the United States 
1.10 	enumerates powers to the federal government and, as reflected in the ninth and tenth 
1.11 	amendments, reserves all other powers to the people and the states.
1.12 	(b) The Constitution of the United States, having delegated to Congress a power 
1.13 	to "to regulate commerce ... among the several states," does not extend to forcibly 
1.14 	mandating, in any form, citizen participation in a national health plan or dictating the 
1.15 	composition of insurance policies and employer benefits.
1.16 	(c) Since the states and people reserved powers under the United States Constitution 
1.17 	to themselves, it is incumbent upon the states, including Minnesota, to ensure on behalf 
1.18 	of their citizens, that the powers reserved to the people and states are not diminished 
1.19 	through the assumption of nondelegated powers by the federal government. To identify 
1.20 	such encroachment and to peacefully and lawfully oppose and resist it is a natural duty 
1.21 	that flows from the powers reserved, and is not in conflict with our recognition of the 
1.22 	Constitution of the United States as the supreme law of the land.
1.23 	(d) The Patient Protection and Affordable Care Act (PPACA), enacted by the 
1.24 	federal government, is inconsistent with the powers reserved under the ninth and tenth 
1.25 	amendments, is an encroachment upon those reserved powers, and is an exercise of 
2.1 	authority not delegated to Congress. Such is the finding of the federal district court in the 
2.2 	decision of State of Florida v. United States Department of Health and Human Services, 
2.3 	Case No. 3:10-cv-91-RV/EMT (January 31, 2011, N.D.FL). The court in State of Florida 
2.4 	v. United States Department of Health and Human Services, having found the personal 
2.5 	mandate in the PPACA unconstitutional and not severable from the whole, also affirmed 
2.6 	that the entire law is unconstitutional.
2.7 	(e) The legislature of the state of Minnesota, on behalf of the citizens of this state 
2.8 	and to secure the blessings of liberty, hereby asserts its legitimate authority to interpose 
2.9 	between its citizens and the federal government, when it has exceeded its constitutional 
2.10 	authority and declares that the state shall not participate in PPACA, which is void and of 
2.11 	no effect.
2.12 		Subd. 2.Statement of public policy. (a) The power to require or regulate a person's 
2.13 	choice in the mode of securing health care services, require employers to provide health 
2.14 	insurance coverage to their employees, determine the content of health insurance policies, 
2.15 	or impose a penalty related thereto is not found in the Constitution of the United States of 
2.16 	America, and is therefore a power reserved to the people under the ninth amendment, and 
2.17 	to the several states under the tenth amendment. The state of Minnesota hereby exercises 
2.18 	its sovereign power to declare the public policy of the state of Minnesota regarding the 
2.19 	right of all persons residing in the state of Minnesota in choosing the mode of securing 
2.20 	health care services free from the imposition of penalties, or the threat thereof, by the 
2.21 	federal government of the United States relating thereto.
2.22 	(b) It is hereby declared that the public policy of the state of Minnesota, consistent 
2.23 	with each individual's constitutionally recognized and inalienable rights of liberty, is that:
2.24 	(1) every person within the state of Minnesota is and shall be free to choose or 
2.25 	decline to choose any mode of securing health care services without penalty or threat of 
2.26 	penalty by the federal government of these United States;
2.27 	(2) no person within the state of Minnesota shall be compelled to participate in a 
2.28 	government health insurance program not authorized by the governor and legislature 
2.29 	of the state of Minnesota;
2.30 	(3) every employer in the state of Minnesota shall be free to decide whether to 
2.31 	offer, maintain, contribute to, or modify health insurance plans for their employees and 
2.32 	their dependents, without penalty or threat of penalty by the federal government of these 
2.33 	United States; and
2.34 	(4) the state of Minnesota reaffirms its sovereign power to provide regulatory 
2.35 	oversight of insurance content, coverage, benefits, and beneficiaries within the state of 
2.36 	Minnesota.
3.1 	(c) The policy stated in this section shall not be applied to impair any right of 
3.2 	contract related to the provision of health care services to any individual or group.
3.3 		Subd. 3.Invalidity of certain public laws; prohibition on enforcement. (a) The 
3.4 	Patient Protection and Affordable Care Act, Public Law 111-148, 124 Stat. 119 (2010), 
3.5 	as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 
3.6 	111-152, 124 Stat. 1029 (2010), herein collectively referred to as PPACA, shall not be 
3.7 	enforced by the state of Minnesota including, but not limited to, any of its departments, 
3.8 	political subdivisions, courts, public officers, or employees thereof.
3.9 	(b) No department, agency, or political subdivision of the state of  Minnesota shall 
3.10 	establish any program; promulgate any rule, policy, guideline, or plan; or change any 
3.11 	program, rule, policy, or guideline to implement the PPACA.
3.12 	(c) No department, agency, or political subdivision; public officer; or employee of 
3.13 	the state of Minnesota shall enter into any agreement or any obligation to implement the 
3.14 	PPACA.
3.15 	(d) No department, agency, political subdivision; public officer; or employee of 
3.16 	the state of Minnesota shall provide assistance or resources of any kind to any agency, 
3.17 	public official, employee, or agent of the federal government related to any attempted 
3.18 	implementation or enforcement of the PPACA.
3.19 	(e) No department, agency, or political subdivision of the state of Minnesota shall 
3.20 	accept or expend money related to the implementation of the PPACA.
3.21 	(f) No order of judgment, writ, or levy of execution shall be issued or otherwise be 
3.22 	enforced upon any property or against any person in the state of Minnesota to collect any 
3.23 	amounts adjudged due or assessed against the state of Minnesota or its residents for failure 
3.24 	to comply with any provision of the PPACA.
3.25 	(g) Any aggrieved person shall have a right to injunctive relief against any person 
3.26 	violating the provisions of this section, with an award of attorney fees and costs to the 
3.27 	prevailing party.
3.28 		Subd. 4.Severability. The provisions of this section are hereby declared to be 
3.29 	severable and if any provision of this section or the application of such provision to any 
3.30 	person or circumstance is declared invalid for any reason, such declaration shall not affect 
3.31 	the validity of the remaining portions of this section.

3.32 	EFFECTIVE DATE. This section is effective the day following final enactment.