S.Amdt. 3584Senate111th Congress (2009-2011)

S.Amdt. 3584

What it does: Inserts new text at the end of section 1003
Submitted March 23, 2010

What it changes

1 change to H.R. 4872 · shown in the bill's text

Inserts text
  1. Inserts new text at the end of section 1003

    Inserts

    In H.R. 4872 · Placed on Calendar Senate

    (d) Eliminating Waiting Period Assessment.--Section 4980H of such Code, as so added and amended and as amended by the preceding subsections, is amended by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively.

    Inserted: (e) Preemption of State Laws Extending Employer Mandate to Employers With Fewer Than 50 Employees.--Section 1321(d) of the Patient Protection and Affordable Care Act is amended to read as follows:

    Inserted: "(d) No Interference With State Regulatory Authority.--

    Inserted: "(1) In general.--Except as provided in paragraph (2), nothing in this title shall be construed to preempt any State law that does not prevent the application of the provisions of this title.

    Inserted: "(2) Exception for small employer mandates.--The provisions of, and the amendments made by, this title shall preempt any State law enacted after the date of enactment of this Act that would impose a requirement on any employer with less than 50 full-time employees to, or would impose a penalty on such an employer for failing to, offer health insurance to its employees.".

    Original wording

    At the end of section 1003, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3584. Ms. SNOWE submitted an amendment intended to be proposed by her to the bill H.R. 4872, to provide for reconciliation pursuant to Title II of the concurrent resolution on the budget for fiscal year 2010 (S. Con. Res. 13); which was ordered to lie on the table; as follows:

At the end of section 1003, insert the following:

(e) Preemption of State Laws Extending Employer Mandate to Employers With Fewer Than 50 Employees.--Section 1321(d) of the Patient Protection and Affordable Care Act is amended to read as follows:

“(d) No Interference With State Regulatory Authority.--

“(1) In general.--Except as provided in paragraph (2), nothing in this title shall be construed to preempt any State law that does not prevent the application of the provisions of this title.

“(2) Exception for small employer mandates.--The provisions of, and the amendments made by, this title shall preempt any State law enacted after the date of enactment of this Act that would impose a requirement on any employer with less than 50 full-time employees to, or would impose a penalty on such an employer for failing to, offer health insurance to its employees.”.

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Senate amendment submitted

March 23, 2010