BILL NUMBER: SCA 29	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Strickland

                        FEBRUARY 19, 2010

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by adding Section 32
to Article I thereof, relating to health care coverage.


	LEGISLATIVE COUNSEL'S DIGEST


   SCA 29, as introduced, Strickland. Health care coverage.
   Existing law does not provide a system of health care coverage for
all California residents. Existing law does not require employers to
provide health care coverage for employees and dependents, other
than coverage provided as part of the workers' compensation system
for work-related employee injuries, and does not require individuals
to maintain health care coverage. Existing law provides for the
creation of various programs to provide health care coverage to
persons who have limited incomes and meet various eligibility
requirements. Existing law provides for the licensure and regulation
of health care service plans by the Department of Managed Health Care
and for the regulation of health insurers by the Department of
Insurance.
   This measure would prohibit the effectiveness or enforcement of a
state or federal program that (1) requires individuals to obtain
health care coverage, (2) requires health care service plans or
health insurers to guarantee issue contracts and policies to all
applicants, (3) requires employers to either provide health care
coverage to their employees or pay a fee or tax to the state or the
federal government in lieu thereof, (4) allows an entity created,
operated, or subsidized by the government to compete with health care
service plans and health insurers in the private sector, or (5)
creates a single-payer health care system, unless the program is
approved by the electorate by ballot measure.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.



   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
  First--  That Section 32 is added to Article I thereof, to read:
      SEC. 32.  (a) A state or federal statute or program enacted on
or after January 1, 2010, that includes any of the following shall
not become effective or be enforced in this state unless the statute
or program is approved by the voters:
   (1) Requires individuals to obtain health care coverage.
   (2) Requires health care service plans or health insurers to
guarantee issue health care service plan contracts or health
insurance policies to all applicants.
   (3) Requires employers to either provide health care coverage to
their employees or pay a fee or tax to the state or the federal
government in lieu of providing that coverage.
   (4) Allows an entity created, operated, or subsidized by the state
or federal government to compete with health care service plans and
health insurers in the private sector.
   (5) Creates a single-payer health care system.
   (b)  The approval of the voters required by subdivision (a) shall
be by a separate statute that is submitted to the voters by the
Legislature or by initiative statute.
   (c) This section shall not be construed to affect, impair, or
require electorate approval of, either of the following:
   (1) Laws in effect as of January 1, 2010.
   (2) Laws governing the workers' compensation system.