An Act To Prohibit Enforcement by a Federal or State Official of the Federal Patient Protection and Affordable Care Act
Maine Legislature, Session 125, LD 1233
Committee: Insurance and Financial Services
Sponsors: LIBBY, SHERMAN, CEBRA, CRAFTS, CRAY, GIFFORD, O'CONNOR, PARKER, SIROCKI, COURTNEY

Legislative Document 
No. 1233 
H.P. 924 
House of Representatives, March 22, 2011 
An Act To Prohibit Enforcement by a Federal or State Official of 
the Federal Patient Protection and Affordable Care Act 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative LIBBY of Waterboro. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: CEBRA of Naples, CRAFTS of Lisbon, CRAY of Palmyra, GIFFORD of 
Lincoln, O'CONNOR of Berwick, PARKER of Veazie, SIROCKI of Scarborough, Senator: 
COURTNEY of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24-A MRSA c. 89 is enacted to read: 
CHAPTER 89 
PROHIBITION AGAINST ENFORCEMENT OF THE FEDERAL PATIENT 
PROTECTION AND AFFORDABLE CARE ACT 
§7001.  Findings 
The Legislature finds that: 
1.  Agent of the people.  The people of the several states that compose the United 
States of America created the Federal Government to be their agent for certain 
enumerated purposes; 
2.  Tenth Amendment.  The United States Constitution, Amendment X declares that 
the powers not delegated to the Federal Government by the United States Constitution, 
nor prohibited by it to the states, are reserved to the states respectively, or to the people; 
3.  Interference with regulation of health care.  The assumption of power that the 
Federal Government has made by enacting the federal Patient Protection and Affordable 
Care Act interferes with the right of the people of the State to regulate health care as they 
see fit; 
4.  Rejection of act.  The federal Patient Protection and Affordable Care Act, Public 
Law 111-148 is not authorized by the United States Constitution and violates the true 
meaning and intent of the United States Constitution; as such, the federal Patient 
Protection and Affordable Care Act is invalid in this State, may not be recognized by this 
State, is specifically rejected by this State and is considered null and void and of no effect 
in this State; and 
5.  Duty of Legislature.  It is the duty of the Legislature to enact all measures as may 
be necessary to prevent the enforcement of the federal Patient Protection and Affordable 
Care Act within the boundaries of this State.  
§7002.  Prohibition 
1.  Violation by federal official.  An official, agent or employee of the United States 
Government or an employee of a corporation providing services to the United States 
Government who enforces or attempts to enforce the federal Patient Protection and 
Affordable Care Act, Public Law 111-148 or any order, law, statute, rule or regulation of 
the United States Government made in connection with that Act is guilty of a Class C 
crime. 
2.  Violation by state official.  A public official, agent or employee of the State who 
enforces or attempts to enforce the federal Patient Protection and Affordable Care Act, 
Public Law 111-148 or any order, law, statute, rule or regulation of the United States 
Government made in connection with that Act is guilty of a Class D crime. 
3.  Civil action.  A person aggrieved by a violation of subsection 1 or 2 has a civil 
cause of action against any person violating the provisions of subsection 1 or 2. 
SUMMARY 
This bill expresses the findings of the Legislature that the federal Patient Protection 
and Affordable Care Act, signed into law by President Barack Obama on March 23, 
2010, is in violation of the United States Constitution, Amendment X and, as such, is 
considered null and void in Maine.  This bill prohibits a federal or state official, agent or 
employee from enforcing the federal Patient Protection and Affordable Care Act, or any 
other statute, law, rule, regulation or order made in connection with that Act.  Violation 
by a federal official is a Class C crime, punishable by up to 5 years in prison and a fine of 
up to $5,000.  Violation by a state official is a Class D crime, punishable by less than one 
year in jail and a fine of up to $2,000.  The bill also allows a civil cause of action.