Fair Share Health Care Act

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Maryland Senate Bill 790, known as the Fair Share Health Care Act, also nicknamed the "Wal-Mart Bill", was a legislative act passed in the state of Maryland in 2005. The act would have required for-profit employers with more than 10,000 workers in the state of Maryland to spend at least 8% of their payroll on employee health benefits or make a contribution to the state's insurance program for the poor. Non-profit employers were required to do the same, but with a lower, 6% benchmark.

Maryland Senate upper house of the Maryland General Assembly

The Maryland Senate, sometimes referred to as the Maryland State Senate, is the upper house of the General Assembly, the state legislature of the U.S. state of Maryland. Composed of 47 senators elected from an equal number of constituent single-member districts, the Senate is responsible, along with the Maryland House of Delegates, for passage of laws in Maryland, and for confirming executive appointments made by the Governor of Maryland.

Contents

The Maryland legislature initially passed the bill on April 5, 2005. [1] Though its supporters contended that it did not single out Wal-Mart, Wal-Mart was the only private, for-profit employer in the state that would have been affected. [2]

Walmart U.S. discount retailer based in Arkansas

Walmart Inc. is an American multinational retail corporation that operates a chain of hypermarkets, discount department stores, and grocery stores. Headquartered in Bentonville, Arkansas, the company was founded by Sam Walton in 1962 and incorporated on October 31, 1969. It also owns and operates Sam's Club retail warehouses. As of January 31, 2019, Walmart has 11,348 stores and clubs in 27 countries, operating under 55 different names. The company operates under the name Walmart in the United States and Canada, as Walmart de México y Centroamérica in Mexico and Central America, as Asda in the United Kingdom, as the Seiyu Group in Japan, and as Best Price in India. It has wholly owned operations in Argentina, Chile, Canada, and South Africa. Since August 2018, Walmart only holds a minority stake in Walmart Brasil, with 20% of the company's shares, and private equity firm Advent International holding 80% ownership of the company.

The bill was vetoed by then-Governor Robert L. Ehrlich [3] On January 12, 2006, the Senate decided to override Ehrlich's veto, thereby passing the act into law. [4] [2]

On July 18, 2006, federal judge J. Frederick Motz struck down the law as preempted by ERISA. On January 17, 2007, the United States Court of Appeals for the Fourth Circuit upheld the decision. [5]

J. Frederick Motz American judge

J. Frederick Motz is a Senior United States District Judge of the United States District Court for the District of Maryland. He has served as judge on that court since 1985. His previous experience included a range of positions as an Assistant United States Attorney and United States Attorney, and more than a decade in private practice. He is also chairman of the board of Trustees for Sheppard Pratt Health System, one of the leading mental health providers in the United States which has been constantly ranked in the top 10 by U.S. News & World Report.

Similar measures

While the Maryland bill drew the most national media attention, similar measures were considered in other states but also failed.

In February 2006, a version of the bill that would have required companies with 5,000 or more employees to spend 9% of their payroll on health care benefits was defeated in Washington. [6]

Washington (state) State of the United States of America

Washington, officially the State of Washington, is a state in the Pacific Northwest region of the United States. Named for George Washington, the first president of the United States, the state was made out of the western part of the Washington Territory, which was ceded by Britain in 1846 in accordance with the Oregon Treaty in the settlement of the Oregon boundary dispute. It was admitted to the Union as the 42nd state in 1889. Olympia is the state capital; the state's largest city is Seattle. Washington is sometimes referred to as Washington State, to distinguish it from Washington, D.C., the capital of the United States, which is often shortened to Washington.

In June of the same year, a similar bill was vetoed by the governor of Colorado. [7]

Colorado State of the United States of America

Colorado is a state of the Western United States encompassing most of the southern Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. It is the 8th most extensive and 21st most populous U.S. state. The estimated population of Colorado was 5,695,564 on July 1, 2018, an increase of 13.25% since the 2010 United States Census.

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A veto is the power to unilaterally stop an official action, especially the enactment of legislation. A veto can be absolute, as for instance in the United Nations Security Council, whose permanent members can block any resolution, or it can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate will override a Presidential veto of legislation. A veto may give power only to stop changes, like the US legislative veto, or to also adopt them, like the legislative veto of the Indian President, which allows him to propose amendments to bills returned to the Parliament for reconsideration.

Maryland General Assembly legislative body of the State of Maryland, United States

The Maryland General Assembly is the state legislature of the U.S. state of Maryland that convenes within the State House in Annapolis. It is a bicameral body: the upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives. Members of both houses serve four-year terms. Each house elects its own officers, judges the qualifications and election of its own members, establishes rules for the conduct of its business, and may punish or expel its own members.

Bob Ehrlich American politician

Robert Leroy Ehrlich Jr. is an American lawyer and politician who served as the 60th Governor of Maryland from 2003 to 2007. A Republican, he was first elected after defeating Democratic opponent Kathleen Kennedy Townsend in the 2002 election. Prior to serving as governor, Ehrlich represented Maryland's 2nd Congressional district in the U.S. House of Representatives. Before that he served in the Maryland House of Delegates.

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References

  1. Wagner, John; Barbaro, Michael (April 6, 2005). "Md. Passes Rules on Wal-Mart Insurance". The Washington Post. p. A01.
  2. 1 2 Coulter, Michael (March 1, 2006). "Md. Enacts 'Wal-Mart' Bill". The Heartland Institute.
  3. Armour, Stephanie (January 13, 2006). "Maryland first to OK 'Wal-Mart bill'". USA Today.
  4. Wagner, John (January 13, 2006). "Md. Legislature Overrides Veto on Wal-Mart Bill". The Washington Post.
  5. Barbaro, Michael (January 18, 2007). "Appeals Court Rules for Wal-Mart in Maryland Health Care Case". The New York Times .
  6. Thomas, Ralph (February 15, 2006). "Wal-Mart bill likely dead; unions upset with Chopp". The Seattle Times . Archived from the original on April 26, 2006.
  7. Fong, Tillie (June 3, 2006). "'Wal-Mart', after-school bills vetoed by Gov. Owens". Rocky Mountain News . Archived from the original on June 14, 2006.