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Introduced Version House Bill 2835 History

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hb2835 intr
H. B. 2835


          (By Delegate Overington (By Request))

          [Introduced March 6, 2013; referred to the

          Committee on Health and Human Resources then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1 and §16-45- 2, all relating to federal health care legislation; invalidity of federal health care legislation in this state; violations and criminal penalties; and providing a private right of action.

Be it enacted by the Legislature of West Virginia:

     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-45-1 and §16-45-2, all to read as follows:

ARTICLE 45. FEDERAL HEALTH CARE LEGISLATION.

§16-45-1. Legislative findings.

_____The Legislature finds that:

_____(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 and nothing more.
_____(2) The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the Federal Government and all power not delegated to the Federal Government in the Constitution of the United States is reserved to the states respectively or to the people themselves. Furthermore, as stated in the Ninth Amendment, "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

_____(3) The assumption that the Federal Government has made by enacting the Patient Protection and Affordable Care Act (P.L. 111- 148) and the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) is nowhere expressly granted by the United States Constitution and interferes with the right of the people of this state to regulate health care as they see fit.

§16-45-2. General Provisions.

_____(a) This state declares that the Patient Protection and Affordable Care Act (P.L. 111-148) and the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) are not authorized by the Constitution of the United States and violates its true meaning and intent as given by the founders and ratifiers.

_____(b) It is the duty of the Legislature of this state to adopt
and enact any and all measures as may be necessary to prevent the enforcement of the Patient Protection and Affordable Care Act (P.L. 111-148) and the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) in the state.
_____(c) 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 an act, order, law, statute, rule or regulation of the United States Government in violation of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned in a state correctional facility not less than one year, or both fined and imprisoned.

_____(d) A public officer or employee of this state who enforces or attempts to enforce an order, law, statute, rule or regulation of the United States Government in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than one year, or both fined and confined.

_____(e) An aggrieved party has a private right of action against a person who violates subsection (c) or (d) of this article.


     

     NOTE: The purpose of this bill is to invalidate recent federal health care legislation, identify violations, establish criminal penalties and provide for a private cause of action.


      This article is new; therefore, it has been completely underscored.
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