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Arizona Bill #HCR2014   View text of Bill | Go to Bill Online
Bill Name:House Concurrent Resolution HCR 2014
Type:Health Care Freedom
Requested Patriot Action:
Committees: Committee on Health and Human Services
Sponsors: Sponsored by Representative:
Nancy Barto (602) 926-5766
Session Schedule: Arizona House of Representatives
49th LEGISLATURE (2009–2010)

Speaker: Kirk Adams (R)
Republicans: 35 (58%)
Democrats: 25 (42%)
Female legislators: 16 (27%)
Incumbents: 38 (63%)
Standing committees: 21

Basic structure—The Arizona Legislature consists of a 30-member Senate and a 60-member House of Representatives. All 90 legislators have two-year terms and are elected concurrently in November of even-numbered years. Term limits restrict legislators to four consecutive terms in the same office. (It is not uncommon for legislators to switch to the other chamber when they reach their eight-year maximum.)

Legislative sessions—The Arizona Legislature meets for only one regular session each year, beginning in January and typically lasting roughly 100 days. (However, recent sesions have been longer: The 2008 session lasted 165 days.)

An unlimited number of special sessions can be called by the governor or (more rarely) initiated by the legislature itself. If the session is called by the governor the legislature can only address the specific matters identified
in the governor’s call. In recent years, the legislature has met for an average of three special sessions each year.

Such sessions can last only a few hours or up to several months. It is customary for the governor to call a special session during a regular session when the state’s general appropriations bill is ready for consideration. This compels the legislature to drop all other business and focus exclusively on the budget. Even when the legislature is not in formal session, legislators often work on upcoming legislation, participate in meetings, and respond to constituent needs.


A “citizen legislature”—The formal qualifications for serving in the legislature are fairly low: A legislator must only be at least 25 years old, an Arizona resident for three years, a county resident for one year, a registered voter, and English proficient. Because legislative service is only part-time and compensation is low (see below), most legislators have private-sector jobs on the side. This type of legislature is called a “citizen legislature” to distinguish it from legislatures like the U.S. Congress, which are made up of full-time, professional politicians.

Similar Bills in other states:Groups in Indiana, Minnesota, New Mexico, North Dakota and Wyoming are considering a similar proposal. Two of these states (North Dakota and Wyoming) allow ballot initiatives; in the other three states, the state legislature would have to vote it onto the ballot using their state's procedure for constitutional amendments.
Date Introduced: 1/16/2009
Enacted:
Status:Passed & will appear on the Nov 2010 ballet
Passed House committee:Y
Passed Senate committee:Y
Passed Senate:Y
Passed House:Y
Link to Bill history: Go to Bill history
Bill History:
ARIZONA STATE SENATE

Forty-ninth Legislature, First Regular Session

FACT SHEET FOR H.C.R. 2014

Purpose

Subject to voter approval, amends the Arizona Constitution to establish what health care systems may lawfully exist in Arizona.
Background

In 2008, Proposition 101 appeared on the ballot. It was referred to by its proponents as the “Freedom of Choice in Health Care Act.” If it had passed, it would have added the following language to the Arizona Constitution:

“Because all people should have the right to make decisions about their health care, no law shall be passed that restricts a person's freedom of choice of private health care systems or private plans of any type. No law shall interfere with a person's or entity's right to pay directly for lawful medical services, nor shall any law impose a penalty or fine, of any type, for choosing to obtain or decline health care coverage or for participation in any particular health care system or plan.”

Proposition 101 failed to pass by a vote of 1,048,512 in favor and 1,057,199 opposed, a difference of 8,687 votes.

The fiscal impact to the General Fund is undetermined at this time.

Provisions

1. Prohibits any law or rule from directly or indirectly compelling any person, employer or health care provider to participate in any health care system.

2. Allows a person or employer to pay directly for lawful health care services without paying penalties or fines.

3. Permits a health care provider to accept direct payment from a person or employer for lawful health care services without paying penalties or fines.

4. Asserts that, subject to reasonable and necessary rules that do not substantially limit a person’s options, the purchase or sale of private health insurance shall not be prohibited.

5. Establishes that these changes do not affect the following:

a) Health care services that a health care provider or hospital is required to perform or provide.

b) Health care services that are permitted by law.

c) Laws or rules in effect as of January 1, 2009.

d) The terms or conditions of any health care system, to the extent that those terms and conditions do not have a punishing effect on a person, employer or health care provider for paying directly or accepting direct payment for lawful health care services.

6. Establishes that these changes do not prohibit care provided through the workers’ compensation system as set forth in the Constitution or state law.

7. Specifies that to compel includes penalties or fines.

8. Defines direct payment or pay directly as payment for lawful health care services without a public or private third party payer, not including an employer, for any portion of the service.

9. Defines health care system as any public or private entity whose function or purpose is the management, processing or enrollment of individuals, or payment in full or in part, for health care services, health care data or health care information for its participants.

10. Defines lawful health care services as any health-related service or treatment, to the extent that the service or treatment is permitted by law, or regulation that may be provided by persons or businesses otherwise permitted to offer such services.

11. Defines penalties or fines as any civil or criminal penalty or fine, tax, salary, wage withholding, surcharge or any named fee with a similar effect established by law or rule by a government agency and used to punish or discourage the exercise of protected health care rights.

12. Requires the Secretary of State to submit the proposition to the voters at the next general election.

13. Becomes effective if approved by the voters and on proclamation of the Governor.

Prepared by Senate Research

June 16, 2009

ER/ly


House votes:
Senate votes:
Federal reply:
State constitution: Section 1. A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
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Section 3. The Constitution of the United States is the supreme law of the land.

Section 4. No person shall be deprived of life, liberty, or property without due process of law.

Section 5. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.

Section 6. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.

Section 7. The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

Section 8. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
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Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

Continued ...

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