South Dakota Healthcare Amendment (2010)

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The South Dakota Health Care Amendment did not appear on the November 2, 2010 ballot in South Dakota as an initiated state statute. The measure proposed nullifying certain federal health care laws within the state of South Dakota.

Background

Similar legislation was proposed by Sen. Gordon Howie during the 2010 session, however the bill failed to move forward in the legislature. On March 29 Howie reintroduced the bill but the legislature declined to reconsider the legislation. The defeated legislation called for voiding, in South Dakota, any law made by Congress that interfered with "the right of any person or entity to choose their personal physician, private health care systems or private health care coverage."[1]

Ballot summary

According to the filed petition, the measure read as follows:[2]

Title: An act to nullify certain Federal health care laws within the state of South Dakota.

The substance of the proposed law is as follows:

Be it enacted by the people of South Dakota.
Pursuant to the ninth and tenth amendments to the United States Constitution, any law made by Congress which interferes within the right of any person or entity to choose their personal physician, private health care systems or private health care coverage, or which imposes any penalty, tax, fee, or fine, of any type, for declining to purchase health care coverage or participate in any particular health care system or plan, is null and void within the state of South Dakota.

Path to the ballot

See also: South Dakota signature requirements

Initiative language could be submitted at any time. The maximum allowable time for circulation was one year. For 2010 initiated statutes, the deadline for submitting signatures was April 6, 2010. In order to qualify for the 2010 ballot a minimum of 16,776 signatures were required.[3]

See also

Articles

Additional reading

References