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S.J. No. 0002 |
Health care freedom. |
Sponsored
By: Senator(s) Nutting, Case, Driskill and
A JOINT RESOLUTION proposing to amend
the Wyoming Constitution by creating a new section specifying that no federal
or state law shall compel participation in any health care system by any person,
employer or health care provider.
12/17/2010 Bill Number Assigned
1/11/2011 S Received for Introduction
1/11/2011 S Introduced and Referred to S01
1/20/2011 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Burns, Hicks and Perkins
Nays:
Senator(s) Christensen and Esquibel, F.
Ayes 3 Nays
2 Excused 0 Absent 0 Conflicts
0
1/20/2011 S
Placed on General File
SJ0002SS001/ADOPTED
(CORRECTED COPY)
Page 1-line 3 Delete "federal or state".
Page 1-line 12 Delete "7" insert "1";
delete "24" insert "38".
Page 2-line 7 After "All" insert "natural".
Page 2-line 8 After "their own" insert "lawful".
Page 2-line 10 Delete "federal or state".
Page 2-line 13 After "system" insert ",
to obtain lawful health care services or penalize any person for
non-participation".
Page 2-lines
15 through 19 Delete and insert:
"(c) The
right to make decisions regarding lawful health care services is not a power
delegated to the United States government, but is a power reserved to the state
of Wyoming and its people under the ninth and tenth amendments to the
constitution of the United States of America, and specifically reserved under
article 7, section 20 of the Wyoming constitution.".
Page 3-line 6 After "necessary" insert "laws,";
after "rules" insert "and regulations".
Page 3-line 14 After "which" insert "lawful".
Page 3-line 21 After "provided" insert "or
participation required".
Page 3-line 23 After "compensation" insert "and
for prisoners and others in the custody or care of the state or a political
subdivision to the standard deemed appropriate and enacted into law by the
legislature".
Page 4-line 3 Delete "punishing" insert "prohibiting
or imposing penalties or fines against".
Page 4-line 7 Delete "." insert ";".
Page 4-after
line 7 Insert and renumber:
"(v) Affect
the power of the state of
(vi) Affect the
power of the state of
(vii) Affect the
power of the state of
(viii) Affect the
power of the state of Wyoming to regulate the business of health insurance and
other business arrangements that promise payment for health care in the future
in return for present payments.
(g) Notwithstanding
article 16, section 6 of this constitution, the attorney general may, subject
to the availability of appropriated funds and subject to any regulations and
restrictions the legislature may provide by law, provide any resident of the
state with assistance, including financial assistance, to protect the right to
make health care decisions from being abridged by the federal government or its
agents.".
Page 4-line 9 Delete "(g)" insert "(h)".
PERKINS, CHAIRMAN
1/27/2011 S
Laid Back Pursuant to SR 10-4(a)
SJ0002SW001/ADOPTED
Delete the
First Senate Standing Committee Amendment (SJ0002SS001/AC) entirely and further
amend as follows:
Page 1-line 2 Delete "specifying that no"
insert "providing that the right to health care access as defined by the
legislature is reserved to the citizens of the state of
Page 1-lines 3
through 5 Delete.
Page 1-line 12 Delete "7" insert "1";
delete "24" insert "38".
Page 2-line 4 Delete and insert "Article 1, Section 38. Right of health care access.".
Page 2-line 5 Delete.
Page 2-lines 7
through 24 Delete and insert "The
right to health care access as defined by the legislature is reserved to the
citizens of the state of
Page 3-lines 1
through 23 Delete.
Page 4-lines 1
through 24 Delete.
Page 5-lines 1
through 14 Delete.
Page 6-line 1 After "will" delete balance
of line and insert "provide that the right to health care access as
defined by the legislature is reserved to the citizens of the state of
Page 6-lines 2
through 11 Delete. SCHIFFER
SJ0002SW002/FAILED
(CORRECTED COPY)
Delete the
Senate Standing Committee Amendment (SJ0002SS001/A) and the Schiffer Committee
of the Whole Amendment (SJ0002SW001/A) entirely and further amend as follows:
Page 1-line 3 Delete "federal or state".
Page 1-line 12 Delete "7" insert "1";
delete "24" insert "38".
Page 2-lines 7
through 24 Delete and insert:
"(a) All
competent adults shall have the right to choose and provide for their own
health care and that of their dependent children, and no law or regulation
shall:
(i) Limit the
ability of those persons to obtain beneficial health care from an appropriate
licensed health care provider acting within the lawful scope of the provider's
practice, provided the person is willing and able to pay for the care in a
manner satisfactory to the provider;
(ii) Sanction or
penalize any health care provider acting within the lawful scope of the
provider's practice for competently providing health care to any person;
(iii) Subject to
the provisions of this section, prohibit or require the purchase of health
insurance except as a condition of receiving benefits from the government.
(b) This section
does not affect the power of the state of
(i) Involuntarily
commit or hospitalize those who are a danger to themselves or others by reason
of mental illness or condition;
(ii) License and
regulate the provision of health care to promote professional competence;
(iii) Protect the
public from diseases, epidemics, harmful substances and harmful procedures; or
(iv) Regulate the
business of health insurance and other business arrangements that promise payment
for health care in the future in return for present payments.
(c) Notwithstanding
article 16, section 6 of this constitution, the attorney general may, subject
to the availability of appropriated funds and subject to any regulations and
restrictions the legislature may provide by law, provide any resident of the
state with assistance, including financial assistance, to protect the right to
make health care decisions from being abridged by the federal government or its
agents.
(d) Nothing in
this constitution shall be construed as requiring the state or any political
subdivision to provide or pay for any health care, except for the workers'
compensation system and for prisoners and others in the custody of the state or
a political subdivision thereof to the standard deemed appropriate and enacted
into law by the legislature.".
Page 3-lines 1
through 23 Delete.
Page 4-lines 1
through 24 Delete.
Page 5-lines 1
through 14 Delete. SCOTT
1/28/2011 S
Passed CoW
SJ0002S2001/ADOPTED
(CORRECTED COPY)
Page 1-lines 1
through 5 Delete, including the
Senate Standing Committee Amendment (SJ0002SS001/AC) and the Schiffer Committee
of the Whole Amendment (SJ0002SW001/A) to these lines and insert:
"A JOINT RESOLUTION proposing to amend the
Wyoming Constitution by creating a new section providing that the right to make
health care decisions is reserved to the citizens of the state of Wyoming,
providing for direct payments to healthcare providers, allowing the legislature
to establish restrictions and requiring the state of Wyoming to protect
healthcare rights from undue governmental infringement.".
Page 2-lines 7
through 24 Delete, including the
Senate Standing Committee Amendment (SJ0002SS001/AC) and the Schiffer Committee
of the Whole Amendment (SJ0002SW001/A) to these lines and insert:
"(a) Each
competent adult shall have the right to make his or her own healthcare
decisions. The parent, guardian or legal
representative of any other natural person shall have the right to make
healthcare decisions for that person.
(b) Any person
may pay, and a healthcare provider may accept, direct payment for healthcare
without imposition of penalties or fines for doing so.
(c) The
legislature may determine reasonable and necessary restrictions on the rights
granted under this section to protect the health and general welfare of the
people and accomplish the purposes set forth in the Wyoming Constitution.
(d) The state of
Page 3-lines 1
through 24 Delete, including the
Senate Standing Committee Amendment (SJ0002SS001/AC) and the Schiffer Committee
of the Whole Amendment (SJ0002SW001/A) to these lines.
Page 4-lines 1
through 24 Delete, including the
Senate Standing Committee Amendment (SJ0002SS001/AC) and the Schiffer Committee
of the Whole Amendment (SJ0002SW001/A) to these lines.
Page 5-lines 2
through 14 Delete, including the
Schiffer Committee of the Whole Amendment (SJ0002SW001/A) to these lines.
Page 6-lines 2
through 11 Delete, including the Schiffer
Committee of the Whole Amendment (SJ0002SW001/A) to these lines and insert:
"It permits any person to pay and any
healthcare provider to receive direct payment for services. The amendment permits the legislature to
place reasonable and necessary restrictions on healthcare consistent with the
purposes of the Wyoming Constitution and provides that this state shall act to
preserve these rights from undue governmental infringement.". PERKINS
1/31/2011 S
Passed 2nd
SJ0002S3001/ADOPTED
Page 2-lines 7
through 24 In the Perkins Second
Reading Amendment (SJ0002S2001/AC) to these lines in subsection (c), delete "and
accomplish the" insert "or to accomplish the other".
Page 6-line 1 In the Schiffer Committee of the
Whole Amendment (SJ0002SW001/A) to this line, delete "health care access
as defined by the legislature" insert "make health care decisions".
PERKINS
SJ0002S3002/FAILED
Delete the
Senate Standing Committee Amendment (SJ0002SS001/AC), the Schiffer Committee of
the Whole Amendment (SJ0002SW001/A), the Perkins Second Reading Amendment
(SJ0002S2001/AC) and the Perkins Third Reading Amendment (SJ0002S3001/A)
entirely and further amend as follows:
Page 1-lines 1
through 5 Delete and insert:
"A JOINT RESOLUTION proposing to amend the
Wyoming Constitution by creating a new section providing that the right to
choose health care access, as defined by the legislature, is reserved to the
citizens of the state of
Page 1-line 12 Delete "7" insert "1";
delete "24" insert "38".
Page 2-lines 4
through 24 Delete and insert:
"Article 1, Section 38. Right to
choose health care access.
The right to choose health care access, as defined
by the legislature, is reserved to the citizens of the state of
Pages 3 and 4 Delete.
Page 5-lines 1
through 14 Delete.
Page 6-lines 1
through 11 Delete and insert:
"The adoption of this amendment will provide
that the right to choose health care access, as defined by the legislature, is
reserved to the citizens of the state of
ROLL CALL
Ayes: Senator(s) Bebout, Burns, Coe, Esquibel, F.,
Geis, Hastert, Johnson, Nicholas, P., Rothfuss, Schiffer and Von Flatern
Nays: Senator(s)
Ayes 11 Nays
19 Excused 0 Absent 0 Conflicts
0
SJ0002S3003/FAILED
Delete the
Senate Standing Committee Amendment (SJ0002SS001/AC), the Schiffer Committee of
the Whole Amendment (SJ0002SW001/A), the Perkins Second Reading Amendment
(SJ0002S2001/AC), the Perkins Third Reading Amendment (SJ0002S3001/A) and the
Schiffer Third Reading Amendment (SJ0002S3002/A) entirely and further amend as
follows:
Page 1-lines 1
through 5 Delete and insert:
"A JOINT RESOLUTION proposing to amend the
Wyoming Constitution by creating a new section providing that the right to make
health care decisions is reserved to the citizens of the state of
Page 1-line 12 Delete "7" insert "1";
delete "24" insert "38".
Page 2-lines 4
through 24 Delete and insert:
"Article 1, Section 38. Right to
choose health care access.
The right to healthcare independence, including
individual healthcare autonomy, open access to services and an unrestricted
choice of providers, shall be reserved to the people of
Pages 3 and 4 Delete.
Page 5-lines 2
through 14 Delete.
Page 6-lines 1
through 11 Delete and insert:
"The adoption of this amendment will provide
that the right to healthcare independence, including individual healthcare
autonomy, open access to services and unrestricted choice of providers, shall
be reserved to the people of
ROLL CALL
Ayes: Senator(s) Barnard, Burns, Esquibel, F.,
Hastert, Hicks, Hines, Martin, Nicholas, P., Rothfuss, Schiffer and Von
Flatern.
Nays: Senator(s)
Ayes 11 Nays
19 Excused 0 Absent 0 Conflicts
0
SJ0002S3004/FAILED
Delete the
Senate Standing Committee Amendment (SJ0002SS001/AC), the Schiffer Committee of
the Whole Amendment (SJ0002SW001/A), the Perkins Second Reading Amendment
(SJ0002S2001/AC), the Perkins Third Reading Amendment (SJ0002S3001/A); the
Schiffer Third Reading Amendment (SJ0002S3002/A) and the Rothfuss Third Reading
Amendment (SJ0002S3003/A) entirely and further amend as follows:
Page 1-lines 1
through 5 Delete and insert:
"A JOINT RESOLUTION proposing to amend the
Wyoming Constitution by creating a new section providing that the right to
choose health care access, as defined by the legislature, is reserved to the
citizens of the state of
Page 1-line 12 Delete "7" insert "1";
delete "24" insert "38".
Page 2-lines 4
through 24 Delete and insert:
"Article 1, Section 38. Right to
choose health care access.
The right to choose health care access, as
reasonably defined by the legislature, is reserved to the citizens of the state
of
Pages 3 and 4 Delete.
Page 5-lines 1
through 14 Delete.
Page 6-lines 1
through 11 Delete and insert:
"The
adoption of this amendment will provide that the right to choose health care
access, as defined by the legislature, is reserved to the citizens of the state
of Wyoming and that the state of Wyoming shall act to preserve these rights
from undue governmental infringement.".
MEIER
ROLL CALL
Ayes: Senator(s) Burns, Hicks, Meier and Schiffer
Nays: Senator(s)
Ayes 4 Nays
26 Excused 0 Absent 0 Conflicts
0
2/1/2011 S
Passed 3rd
ROLL CALL
Ayes:
Senator(s) Anderson, Barnard, Bebout, Burns, Case, Coe, Cooper,
Dockstader, Driskill, Geis, Hicks, Hines, Jennings, Johnson, Landen, Martin,
Meier, Nutting, Perkins, Peterson, Ross, Schiffer and Scott
Nays:
Senator(s) Christensen, Emerich, Esquibel, F., Hastert, Nicholas, P.,
Rothfuss and Von Flatern
Ayes 23 Nays
7 Excused 0 Absent 0 Conflicts
0
2/2/2011 H Received for Introduction
2/3/2011 H Introduced and Referred to H01
2/8/2011 H01 Recommended Do Pass
ROLL CALL
Ayes:
Representative(s) Brechtel, Brown, Cannady, Krone and Peasley
Nays:
Representative(s) Barbuto, Greene, Nicholas, B. and Throne
Ayes 5 Nays
4 Excused 0 Absent 0 Conflicts
0
2/8/2011 H
Placed on General File
2/11/2011 H
Passed CoW
SJ0002H2001/ADOPTED
(TO ENGROSSED COPY)
Page 2-line 9 After
"." delete balance of the line.
Page 2-lines
10 through 12 Delete entirely. THRONE
2/14/2011 H
Passed 2nd
SJ0002H3001/ADOPTED
(TO ENGROSSED COPY)
Delete the Throne second reading amendment
(SJ0002H2001/AE) entirely.
SJ0002H3002/FAILED
(TO ENGROSSED COPY)
Page 3-line 1 Delete "shall" insert "may".
Page 3-line 14 Delete "shall" insert "may". ZWONITZER, DV.
2/15/2011 H
Passed 3rd
ROLL CALL
Ayes:
Representative(s) Berger, Blikre, Bonner, Botten, Brechtel, Brown,
Buchanan, Burkhart, Campbell, Cannady, Childers, Davison, Edmonds, Eklund, Gay,
Gingery, Greear, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker,
Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas,
B., Patton, Peasley, Pederson, Petersen, Quarberg, Roscoe, Semlek, Shepperson,
Steward, Stubson, Teeters, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays:
Representative(s) Barbuto, Blake, Byrd, Connolly, Craft, Esquibel, K.,
Freeman, Goggles, Greene, Petroff and Throne
Ayes 49 Nays
11 Excused 0 Absent 0 Conflicts
0
2/15/2011 Assigned Number SEJR No. 0002
2/16/2011 S President Signed SEJR No. 0002
2/16/2011 H
Speaker Signed SEJR No. 0002
2/19/2011 Governor
Signed SEJR No. 0002