SB407 HFA MILLER, J. 3-11 #7
Delegate Miller J. moves to amend the committee substitute in §33-15F-1 on page 1 at line 16, following the word “to” by inserting the word “not”
on page 1 at line 19, following the word “shall” by inserting the word “not”
on page 3 following line 13 by adding the following new section.
"§33-15F-. Individual mandate not supported by the public; commissioner shall request attorney general to join multi-state lawsuit; Legislature shall issue amicus brief in case attorney general does not comply. Penalties for non-compliance by Attorney General.
(a) The Legislature finds that the Federal Act contains a mandate not supported by the people of West Virginia. This mandate, known as the individual mandate, requires every person in the United States, including the people of West Virginia, to buy health insurance. Requiring the commissioner to enforce a mandate against the will of our constituents is contrary to our role as representatives of the citizens of this state. Therefore, pursuant to section 1, article 3, chapter 5 of this code, the commissioner shall request, in writing, the attorney general to join the multi-state lawsuit challenging the constitutionality of the individual mandate in the United States District Court, Northern District of Florida, Pensacola Division, case number 3:10-cv-91-RV/EMT, on behalf of the people of West Virginia.
(b)The request required by subsection a, section 3 of this article shall be requested by the commissioner within 15 days of enactment of this article.
(c) If the attorney general refuses to comply with the commissioner’s request required by subsection a, section 3 of this article, the attorney general is guilty of malfeasance in office and, upon conviction thereof, shall be fined not less than $1000 nor more than $5000, or imprisoned not less than three nor more than six months, or both, and upon conviction, shall be removed from office.
And renumbering the remaining subsections accordingly.