http://www.in.gov/legislative/bills/2013/IN/IN0230.1.html
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Now this is a a super-cleaner of unconstitutional conduct! Indiana has proposed legislation to make the Legislature empowered to determine what is unconstitutional conduct by the Federal Government. Every State in the Union needs to adopt this!
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Citations Affected: IC 1-1-2-1; IC 1-1.5; IC 35-51-1.1.
Synopsis: Applicability of federal law in Indiana. Provides that any federal act, order, law, rule, regulation, or statute found by the general assembly to be inconsistent with the power granted to the federal government in the Constitution of the United States is void in Indiana. Provides that a resident of Indiana has a cause of action to enjoin the enforcement or implementation or the attempted enforcement or implementation of a federal act, order, law, rule, regulation, or statute declared void by the general assembly. Provides that a plaintiff who prevails in such an action is entitled to reasonable attorney's fees and costs. Provides that a person who knowingly or intentionally implements or enforces, or attempts to implement or enforce, a federal law that is declared void by the general assembly commits a Class D felony. Finds that the federal Patient Protection and Affordable Care Act and the federal Health Care and Education Reconciliation Act of 2010 are inconsistent with the power granted to the federal government in the Constitution of the United States.
Effective: Upon passage.
January 7, 2013, read first time and referred to Committee on Rules and Legislative Procedure.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear inthis style type, and deletions will appear inthis style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type orthis style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.
A BILL FOR AN ACT to amend the Indiana Code concerning general provisions.
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Now this is a a super-cleaner of unconstitutional conduct! Indiana has proposed legislation to make the Legislature empowered to determine what is unconstitutional conduct by the Federal Government. Every State in the Union needs to adopt this!
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 1-1-2-1; IC 1-1.5; IC 35-51-1.1.
Synopsis: Applicability of federal law in Indiana. Provides that any federal act, order, law, rule, regulation, or statute found by the general assembly to be inconsistent with the power granted to the federal government in the Constitution of the United States is void in Indiana. Provides that a resident of Indiana has a cause of action to enjoin the enforcement or implementation or the attempted enforcement or implementation of a federal act, order, law, rule, regulation, or statute declared void by the general assembly. Provides that a plaintiff who prevails in such an action is entitled to reasonable attorney's fees and costs. Provides that a person who knowingly or intentionally implements or enforces, or attempts to implement or enforce, a federal law that is declared void by the general assembly commits a Class D felony. Finds that the federal Patient Protection and Affordable Care Act and the federal Health Care and Education Reconciliation Act of 2010 are inconsistent with the power granted to the federal government in the Constitution of the United States.
Effective: Upon passage.
Boots
January 7, 2013, read first time and referred to Committee on Rules and Legislative Procedure.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear inthis style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 230
A BILL FOR AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 1-1-2-1; (13)IN0230.1.1. --> SECTION 1. IC 1-1-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The law governing this state Indiana is declared to be the following:
First. (1) The Constitution of the United States and the Constitution of this state. the State of Indiana.
Second. (2) All statutes of the Indiana general assembly of the state in force, and not inconsistent with such constitutions. the Constitution of the United States and the Constitution of the State of Indiana.
Third. (3) All statutes of the United States in force, and relating to subjects over which Congress has power to legislate. for the states and not A statute of the United States found inconsistent with the Constitution of the United States under IC 1-1.5 or other lawful authority is not law in Indiana.
Fourth. (4) The common law of England and statutes of the British Parliament made in aid thereof of the common law of England:
(A) prior to the fourth year of the reign of James the First (except the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth);and which are
(B) of a general nature and not local to that kingdom; and
(C) not inconsistent with thefirst, second and third specifications of this section. law specified in subdivision (1), (2), or (3).
(A) prior to the fourth year of the reign of James the First (except the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth);
(B) of a general nature and not local to that kingdom; and
(C) not inconsistent with the
SOURCE: IC 1-1.5; (13)IN0230.1.2. --> SECTION 2. IC 1-1.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
ARTICLE 1.5. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN INDIANA
Chapter 1. Legislative Statements
Sec. 1. The general assembly finds the following:
(1) The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes as set forth in the Constitution of the United States and for nothing more.
(2) The Tenth Amendment to the Constitution of the United States defines
ARTICLE 1.5. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN INDIANA
Chapter 1. Legislative Statements
Sec. 1. The general assembly finds the following:
(1) The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes as set forth in the Constitution of the United States and for nothing more.
(2) The Tenth Amendment to the Constitution of the United States defines
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