Introduced Version
House Bill 2835 History
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Key: Green = existing Code. Red = new code to be enacted
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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