Montana Healthcare Measure, LR-122 (2012)
|State code:||Title 50, chapter 4|
|Referred by:||Montana State Legislature|
- See also: 2012 ballot measure election results
The following are unofficial election results:
Results are certified and final.
Official results via Montana Secretary of State.
Text of measure
The ballot language that voters saw read:
LEGISLATIVE REFERENDUM NO. 122
AN ACT REFERRED BY THE LEGISLATURE
AN ACT PROHIBITING THE STATE OR FEDERAL GOVERNMENT FROM MANDATING THE PURCHASE OF HEALTH INSURANCE COVERAGE OR IMPOSING PENALTIES FOR DECISIONS RELATED TO THE PURCHASE OF HEALTH INSURANCE COVERAGE; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AND PROVIDING AN EFFECTIVE DATE.
LR-122 prohibits the state and federal governments from requiring the purchase of health insurance or imposing any penalty, tax, fee or fine on those who do not purchase health insurance. The prohibition does not apply to: (1) a court which orders the purchase of insurance when an individual or entity is a named party in a judicial dispute; (2) the state department of public health and human services as part of a child support enforcement action; or (3) the Montana university system as a requirement for students.
 FOR prohibiting the state or federal government from mandating the purchase of health insurance or imposing penalties for decisions related to purchasing health insurance. AGAINST prohibiting the state or federal government from mandating the purchase of health insurance or imposing penalties for decisions related to purchasing health insurance.
- According to State Representative Gary MacLaren, "Who doesn't have health insurance? People who can't afford it. If they don't [buy health insurance] we're going to fine them. So what are we doing? We're fining people for being poor."
- State Senator Art Wittich argued in favor of the measure, saying that even though the U.S. Supreme Court backed up that law, the federal government would have to listen if enough states fought it.
- Opponents argued that passing the measure was a moot point because the U.S. Supreme Court had already ruled in the Affordable Care Act's favor. State Representative Chuck Hunter said, "There is going to be nothing that happens anyway because the U.S. Supreme Court has already ruled that the law is constitutional. It is in effect. It is the law of the land. It will go forward in that regard. I think it's time, particularly since the Supreme Court has ruled to move on from that issue, and go about improving the places where the law needs to be improved. That needs to happen at the federal level not the state level."
Path to the ballot
Section 8 of Article XIV of the Montana Constitution says that an affirmative roll call vote of two-thirds of all members of the Montana Legislature is required to refer an amendment to the ballot.
- Montana 2012 ballot measures
- 2012 ballot measures
- Montana Legislature
- List of Montana ballot measures
- KFBB.com, "Health Insurance: To Buy or Not to Buy," January 28, 2011
- Senate Bill 418 (text)
- usinsuranceonline.com, "Montana house representatives decry federal healthcare law," February 16, 2011
- MTN News, "Montana Campaign Issues: LR-122," October 18, 2012
- Billings Gazette, "House votes on party lines for amendment to defy feds on health reform," February 15, 2011