2017 - ACU Ratingsacuratings.conservative.org/wp-content/uploads/sites/5/... · 2017-10-02 · institutions to base personnel decisions on job performance and supported this bill

2017

Letter from the Chairman .......................................... 2

ACU & ACUF Board Members .................................. 3

Selecting the Votes .................................................... 3

2017 Winners & Losers .............................................. 4

WV Senate Statistics .................................................. 5

WV Senate Vote Descriptions .................................... 6

WV Senate Scores .................................................... 9

WV House Statistics ................................................ 11

WV House Vote Descriptions .................................. 12

WV House Scores ................................................... 14

TABLE OF CONTENTS

RATINGS of WEST VIRGINIARATINGS of WEST VIRGINIA

ACUConservative Conservative.org@ACUFoundation

#ACURatings

2

AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of West Virginia

Dear Fellow Conservative,

The American Conservative Union Foundation is proud to present our ratings of the 2017 meeting of the West Virginia State Legislature. Like our Congressional Ratings, which date back 46 years, these ratings are meant to reflect how elected officials view the role of government in an individual’s life. We begin with our philosophy (conservatism is the political philosophy that sovereignty resides in the person) and then apply our understanding of government (its essential role is to defend life, liberty and property).

Because our ratings are designed to educate the public about how consistently their elected officials adhere to conservatism, we carefully examine the entire docket of legislation introduced in each state every year. We select the most meaningful bills and publish the results after the dust has settled. The ACU Foundation is the only organization to score over 8,000 elected officials each year, including lawmakers from all 50 states and Congress.

The 2016 election dramatically impacted the political landscape of not only Washington but state legislative chambers all across the country. Republicans now have control of both legislative chambers in 32 states, more than double the number they controlled in 2010. With these victories comes an ability to implement policies that restore individual liberty and return us to a limited form of government run by and for “We the People.”

It is our hope that these ratings will serve as a guide showing who can be relied on to fight for conservative principles and restore the role of government to what our nation’s founding fathers envisioned.

Sincerely,

Matt SchlappChairmanAmerican Conservative Union

LETTER FROM THE CHAIRMAN

3


SELECTING THE VOTES

ACU researched and selected a range of bills before the West Virginia State Legislature that determine a member’s adherence to conservative principles. We selected bills that focus on Ronald Reagan’s philosophy of the “three-legged stool”: 1) fiscal and economic: taxes, budgets, regulation, spending, healthcare, and property; 2) social and cultural: 2nd amendment, religion, life, welfare, and education; and 3) government integrity: voting, individual liberty, privacy, and transparency. This wide range of issues are designed to give citizens an accurate assessment that conveys which of West Virginia’s elected leaders best defend the principles of a free society: Life, Liberty and Property.

201 N. Union Street, Suite 370Alexandria, VA 22314(202) 347-9388

Matt Schlapp Chairman

Charlie Gerow First Vice Chairman

Bob Beauprez Treasuer

Amy Frederick Secretary

Ed Yevoli At-Large

Jackie Arends

Larry Beasley

Kimberly Bellissimo

Steve Biegun

Morton C. Blackwell

John Bolton

Jose Cardenas

Ron Christie

Muriel Coleman

Becky Norton Dunlop

John Eddy

Luis Fortuno

Alan M. Gottlieb

Van D. Hipp, Jr.

Dr. M. Zuhdi Jasser

Michael R. Long

Ed McFadden

Carolyn D. Meadows

Priscilla O'Shaughnessy

Ron Robinson

Mike Rose

Ned Ryun

Peter Samuelson

Sabrina Schaeffer

Terry Schilling

Matt Smith

Thomas Winter

ACU BOARD MEMBERS

Matt Schlapp Chairman

Millie Hallow Vice Chairman

Van D. Hipp, Jr. Treasurer

Kimberly Bellissimo Secretary

Jose Cardenas

Jonathan Garthwaite

Charlie Gerow

Colin Hanna

Niger Innes

Adam Laxalt

Willes K. Lee

Mary Matalin

Carolyn D. Meadows

Randy Neugebauer

Thomas Winter

ACUF BOARD MEMBERS

4


2017 WINNERS & LOSERS

SENATE

RUCKER

90-100% AWARD FOR CONSERVATIVE EXCELLENCE

HOUSE

BLAIRBUTLERDEEMELLINGTONFASTFOSTER, G.FOSTER, N.

HOUSE

GEARHEARTHAMRICKHARSHBARGERHILLHOUSEHOLDERHOWELLKESSINGER

HOUSE

MARTINMILLER, C.OVERINGTONSOBONYAWILSON

SENATE

AZINGERBLAIRBOLEYBOSOCARMICHAELCLEMENTSCLINEFERNSGAUNCH

SENATE

MANNMARONEYMAYNARDSMITHSWOPETAKUBOTRUMP

HOUSE

AMBLER

ANDERSON

ARMSTEAD

ARVON

ATKINSON

CAPITO

COOPER

COWLES

CRISS

ESPINOSA

FRICH

HANSHAW

HOUSE

HIGGINBOTH-AMHOLLEN

KELLY

MAYNARD

MCGEEHAN

MOORE

NELSON

O'NEAL

PAYNTER

QUEEN

ROMINE, C.

HOUSE

ROMINE, R.

ROWAN

SHOTT

STATLER

SUMMERS

SYPOLT

UPSON

WALTERS

WESTFALL

80-89% AWARD FOR CONSERVATIVE ACHIEVEMENT

SENATE

n/a

10% COALITION OF THE RADICAL LEFT

HOUSE

n/a

<=

5


WEST VIRGINIA SENATE STATISTICS

68%OVERALL AVERAGE

LOWEST REPUBLICAN

82%REPUBLICAN AVERAGE

43%DEMOCRAT AVERAGE

PLYMALEWOELFEL 55%

HIGHEST DEMOCRATS

WEST VIRGINIA SENATE CONSERVATIVE RATINGS

RED = REPUBLICANS BLUE = DEMOCRATS

18

16

14

12

10

8

6

4

2

090-100%

2017 ACU PERCENTAGE

# OF STATE

SENATORS

0-9% 10-19% 30-39% 40-49% 50-59% 60-69% 70-79% 80-89%20-29%

MULLINS68%

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1. SB 338 Medical Malpractice Reform. This bill makes a series of reforms to medical malpractice law. They include preventing multiple lawsuits stemming from the same course of treatment and a one year statute of limitations for medical professional liability claims against nursing homes and assisted living facilities, among other provisions. ACU supports medical malpractice reform and supported this bill. The Senate passed the bill on March 8, 2017 by a vote of 30-3.

2. HB 2301 Direct Primary Health Care Agreements. This bill allows direct primary care agreements between doctors and patients for a set monthly fee, while still exempting these agreements from the extensive regulations covering government health insurance plans. ACU supports a free market in health care and supported this bill. The Senate passed the bill on March 11, 2017 by a vote of 33-0.

3. HB 2542 Higher Education Personnel Rules. This bill makes changes to the rules for higher education staff, including eliminating the ability to “bump” someone from a position based on seniority, allowing colleges to incentivize job performance and allowing the University of West Virginia and Marshall University to set their own classification and compensation system. ACU supports the ability of educational institutions to base personnel decisions on job performance and supported this bill. The Senate passed the bill on March 14, 2017 by a vote of 27-7.

4. SB 16 Wind Energy Subsidy. This bill eliminates a special tax break for wind turbines that has resulted in them being taxed at only five percent of their value. ACU supports all forms of energy, believes government should not favor one form of energy over another and supported this bill. The Senate passed the bill on March 18, 2017 by a vote of 25-6.

5. SB 500 Medicaid Fraud. This bill transfers power to investigate Medicaid fraud from the Department of Health and Human Resources to the Attorney General. ACU supports the strengthening of efforts to combat Medicaid fraud which has cost West Virginia an estimated $100 million per year and supported this bill. The Senate passed the bill on March 18, 2017 by a vote of 24-7.

6. SB 585 Train Crew Mandate Repeal. This bill repeals a mandate that required freight trains to have at least two-person crews and also forced crew members to meet certain requirements. ACU opposes these mandates that drive up the cost of business and create different rules for trains operating across state lines and supported this bill. The Senate passed the bill on March 23, 2017 by a vote of 24-10.

7. SB 18 Common Core. This bill bans the state from using the national Smarter Balanced Standardized Tests, also known as Common Core. In addition, the bill codifies into state law that it is “clearly within the legislature’s authority to mandate, at any level of specificity” the academic standards the State Board of Education adopts. Educational attainment is an important cultural value that yields substantial economic returns for families and for states, which is illustrated by the ACU Foundation’s Family Prosperity Index. ACU believes elected officials should have the final say over all government programs, including education, and supported this bill. The Senate passed the bill on March 24, 2017 by a vote of 18-16.

8. SB 437 Dog Breeding Subsidies. This bill eliminates the Greyhound Breeding Development Fund which uses video lottery revenue to pay out roughly $15 million per year to the breeders of greyhounds that race at dog tracks. This revenue is instead redirected to the general fund. ACU supports this fiscally sound proposal at a time when tax increases have been proposed to make up for a budget shortfall and supported this bill. The Senate passed the bill on March 27, 2017 by a vote of 19-15.

9. SB 563 Tort Reform. This bill is meant to reduce the number of frivolous lawsuits concerning debt collection by allowing creditors to remedy violations to the satisfaction of the debtor before litigation is brought forth. ACU supports common-sense tort reform and supported this bill. The Senate passed the bill on March 29, 2017 by a vote of 24-10.

10. SB 343 Ride Sharing Regulations. This bill makes it illegal for a ride sharing company to solicit customers at a designated taxi stand. ACU believes individuals should have the right to solicit or accept rides without government interference and opposed this bill. The Senate passed the bill on March 29, 2017 by a vote of 32-2.

11. SB 399 Local Government Labor Laws. This bill prohibits local governments from enacting laws that interfere with certain private sector wages and employee benefits. Under the bill, local governments are precluded from mandating hours and scheduling, participation in educational apprenticeship programs, or establishing “prevailing wage” laws that set wages above the market level. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU opposes laws that harm job growth and interfere with an employees’ rights to negotiate their own benefits and supported this bill. The Senate passed the bill on March 29, 2017 by a vote of 22-12.

WEST VIRGINIA SENATE VOTE DESCRIPTIONS

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12. SB 526 Health Insurance Mandate. This bill mandates that all health insurance policies provide coverage for “medically necessary foods” for inherited enzymatic disorders. ACU opposes mandates that unduly interfere with the market and drive up the cost of health insurance for everyone and opposed this bill. The Senate passed the bill on March 29, 2017 by a vote of 33-1.

13. SB 576 Oil and Gas Mineral Rights. This bill allows a natural gas or oil operator to automatically obtain the mineral rights of landowners against their will if 75 percent of landowners in a given area provide their consent. The operator then automatically gains surface rights by paying owners a fee of $100,000 for each track of land that any portion of the well pad sits. The ACU Foundation’s Center for 21st Century Property Rights engages heavily on issues such as this. ACU supports strengthening the right of property owners to manage their land and opposed this bill. The Senate passed the bill on March 29, 2017 by a vote of 19-14.

14. HB 2679 Firearms in Parks and Park Facilities. This bill clarifies the right to carry a firearm for self-defense in a state park, forest and recreational area managed by the Department of Natural Resources. In addition, county park commissions can no longer ban firearms on their facilities. ACU supports the founder’s belief in the Second Amendment and supported this bill. The Senate passed the bill on April 1, 2017 by a vote of 30-3.

15. SB 222 Unemployment Benefits for Striking Workers. This bill disqualifies those workers who voluntarily go on strike from receiving unemployment benefits. Those who cannot work because of a company lockout will still receive benefits. ACU supports this common-sense reform that preserves benefits for those who are out of work involuntarily and supported this bill. The Senate passed the bill on April 3, 2017 by a vote of 22-12.

16. HB 2119 Obamacare Implementation. This bill shuts down the state insurance exchange set up to implement Obamacare. ACU opposes this federal government takeover of the U.S. health care system that has caused millions of people to lose their doctors and health care plans and has resulted in enormous increases in insurance premiums and deductibles and supported this bill. The Senate passed the bill on April 5, 2017 by a vote of 34-0.

17. HB 2446 Government Transparency. This bill increases the transparency of government agency websites by requiring the posting of certain information including a list of all agency officials, contact information, applicable agency forms (including complaint), meeting minutes, and the governing statutes for that agency. ACU supports increasing government transparency and supported this bill. The Senate passed the bill on April 5, 2017 by a vote of 34-0.

18. HB 2646 Reducing the Size of Government. This bill terminates the West Virginia Women’s Commission as of July 2018. The Commission was set up 40 years ago to encourage better health and well-being for women. ACU supports the elimination of wasteful, overlapping and unneeded government programs at a time when tax increases have been proposed to balance the budget and supported this bill. The Senate passed the bill on April 6, 2017 by a vote of 24-10.

19. SB 345 Property Rights. This bill allows for Sunday hunting and trapping on private property with the written consent of the owner. The ACU Foundation’s Center for 21st Century Property Rights engages heavily on issues relating to hunting and land usage. ACU supports strengthening property rights and supported this bill. The Senate passed the bill on April 7, 2017 by a vote of 30-4.

20. SB 402 Right of Contract. This bill prevents physicians and employers from freely negotiating their own contracts by dictating the terms of non-compete clauses, and voids such agreements if the employer terminates the physician’s employment. ACU believes government should not interfere with the right to decide what is or is not in a contract and opposed this bill. The Senate passed the bill on April 7, 2017 by a vote of 31-3.

21. HB 2850 Product Liability Tort Reform. This bill provides liability protection to the seller of a product if they had no role in the product’s manufacturing process. Under the bill, a seller is only liable if they have actual knowledge of a defect, substantial control over the product's production or significantly altered the product before its sale. ACU supports tort reform to protect innocent parties to a dispute and supported this bill. The Senate passed the bill on April 7, 2017 by a vote of 23-9.

22. HB 2857 Employee Drug Testing. This bill allows employers to test employees for alcohol or drugs as a condition of hiring or continued employment. ACU supports the right of employers and employees to negotiate their own arrangements and supported this bill. The Senate passed the bill on April 7, 2017 by a vote of 19-13.

23. SB 174 Regulatory Reform. This bill eliminates the jurisdiction of the state Public Service Commission over the transport of household goods. ACU supports this regulatory reform of an anti-competitive system that has resulted in no approvals for a new moving company in West Virginia for the past ten years and supported this bill. The Senate passed the bill on April 8, 2017 by a vote of 29-5.

8


24. HB 239 Paycheck Protection. This bill ends the practice of withholding union or club dues from an employee’s paycheck and requires an employer to gain written consent before deducting any payment to support a political candidate or committee. In addition, a union must now gain written consent from a non-union member to use funds for political purposes. ACU opposes automatic deductions from paychecks for union dues or political activities and supported this bill. The Senate passed the bill on April 8, 2017 by a vote of 22-12.

25. SB 388 Firearms on School Property. This bill permits an individual to possess a concealed firearm on school property when picking up or dropping off a student as long as the firearm does not leave the vehicle. ACU supports the founder’s belief in the Second Amendment and supported this bill. The Senate passed the bill on April 8, 2017 by a vote of 34-0.

26. SB 630 Virtual Education Regulation. This bill allows county school systems to offer full time K-12 virtual education programs and “an online pathway to gaining a high school diploma.” These students are still counted in the per-pupil school aid formula and participants and home schoolers can participate in school sports and extra-curricular activities. Educational attainment is an important cultural value that yields substantial economic returns for families and for states, which is illustrated by the ACU Foundation’s Family Prosperity Index. ACU supports expanding educational opportunities and supported this bill. The Senate passed the bill on April 8, 2107 by a vote of 34-0.

27. HB 2002 Parental Consent to Abortion. This bill strengthens West Virginia’s parental consent law to require that 48 hours notice be given to a parent or guardian before an abortion is performed on a minor. The bill also requires additional information concerning abortions be included on physician reporting forms, which are provided to the state. ACU believes abortion is a human tragedy, supports restrictions on the practice and supported this bill. The Senate passed the bill on April 8, 2017 by a vote of 28-6.

28. HB 2196 Home School Regulations. This bill permits home school students to participate in secondary school extracurricular activities. The bill also allows private and parochial school students to participate if their school does not offer any sport or extracurricular activities. ACU supports strengthening school choice and supported this bill. The Senate passed the bill on April 8, 2017 by a vote of 27-5.

29. HB 113 (Special Session) Jackie Withrow Hospital Privatization. This bill requires the state to sell the government-run Jackie Withrow Hospital in Beckley. ACU supports the private ownership of hospitals, and supports the sale of a facility that has many empty beds and is in need of a massive taxpayer-funded renovation. The sale of this hospital meets ACU Foundation’s “Seven Principles of Privatization”. Thus, ACU supports this fiscally sound proposal and supported this bill. The Senate passed the bill on June 16, 2017 by a vote of 15-12 but it was vetoed by the governor.

30. SB 1013 (Special Session) Budget Bill. This bill funds the government for Fiscal Year 2018 with no tax increases and at a lower spending level than proposed by the governor. ACU supports this fiscally sound proposal and supported this bill. The Senate passed the bill on June 16, 2017 by a vote of 22-12.

31. SB 1006 (Special Session) Gas and Vehicle Tax Increases. This bill raises the minimum price used to calculate the gas tax from $2.34 to $3.04 per gallon and raises the vehicle purchase tax by 20 percent to provide additional funds to the Department of Highways. ACU Foundation’s Family Prosperity Index shows that higher tax burdens suppress economic growth, which reduces family prosperity. ACU opposes increasing taxes to fund an agency that has faced federal corruption charges and whose projects have had consistent cost-overruns and opposed this bill. The Senate passed the bill on June 16, 2017 by a vote of 23-4.

9


WEST VIRGINIA SENATE VOTE DETAIL

Party District

SB 338

HB 2301

HB 2542

SB 16

SB 500

SB 585

SB 18

SB 437

SB 563

SB 343

SB 399

SB 526

SB 576

HB 2679

SB 222

HB 2119

HB 2446

HB 2646

SB 345

SB 402

HB 2850

HB 2857

SB 174

HB 239

SB 388

SB 630

HB 2002

HB 2196

HB 113 (Special Session)

SB 1013 (Special Session)


ACU Votes

Votes Cast

2017 %

2016 %

LIFETIME AVG

AZINGER R 3 + + + + + + + + + + + + + - + + + + - - + + + + + + + + - + + 27 31 87% 80% 78%

Beach D 13 + + - - - - - - - - - - + + - + + - + - - - - - + + - + X - X 10 29 34% 8% 30%

BLAIR R 15 + + + + + + + + + - + - - + + + + + + - + + + + + + + + + + - 26 31 84% 83% 81%

BOLEY R 3 + + + + + + + + + - + - + + + + + + + - + + + + + + + + + + - 27 31 87% 83% 77%

BOSO R 11 + + + + + + + + + - + - - + + + + + + - + + + + + + + + + + - 26 31 84% 83% 86%

CARMICHAEL R 4 + + + + + + + + + - + - - + + + + + + - + + + + + + + + + + - 26 31 84% 83% 81%

CLEMENTS R 2 + + + + + + + - + - + - - + + + + + + - + + + + + + + + + + - 25 31 81% n/a 81%

CLINE R 9 + + + + + + + + + - + - - + + + + + + - + + + + + + + + - + - 25 31 81% 83% 82%

Facemire D 12 - + - + - - - - - - - - + + - + + + + + - - - - + + - - - - - 11 31 35% 0% 29%

FERNS R 1 + + + + + + + - + - + - - + + + + + + + + + + + + + + + + + - 26 31 84% 83% 83%

GAUNCH R 8 + + + + + + + - + - + - + + + + + + + - X X + + + + + + + + - 24 29 83% 83% 85%

HALL R 4 + + + - + + - - + - + - - - + + + + + - + + + + + + + + + + - 22 31 71% 75% 76%

Jeffries D 8 - + - + - - - - - - - - + + - + + - + - - - - - + + - X - - - 9 30 30% n/a 30%

KARNES R 11 + + + + + + + + + - + - - + + + + + - - X X + + + + + + - + + 23 29 79% 83% 86%

MANN R 10 + + + + + + - + + - + - + + + + + + + - + + + + + + + - + + - 25 31 81% n/a 81%

MARONEY R 2 X + + + + + + - + - + - - X + + + + + - + + + + + + + + X + X 22 27 81% n/a 81%

MAYNARD R 6 + + + + + + + + + - + - - + + + + + + - + + + + + + + + - + + 26 31 84% 83% 86%

Miller D 10 + + + - - - - + - - - - + + - + + - + - - - - - + + - + - - - 12 31 39% 25% 35%

MULLINS R 9 + + + X X + - - + - + - - + + + + + + - + - + + + + + X - + - 19 28 68% 75% 77%

Ojeda D 7 + + - + + - - - - - - - + + - + + + + - - - + - + + + + - - - 15 31 48% n/a 48%

Palumbo D 17 + + + - - + - - + - - - - - - + + - - - + - + - + + - - + - - 12 31 39% 25% 33%

Plymale D 5 + + + + + + - + + - - - - + - + + - + - - - + - + + + + - - - 17 31 55% 50% 57%

Prezioso D 13 + + + + + - - + - - - - - + - + + - + - - - + - + + + - X - X 14 29 48% 33% 45%

Romano D 12 - + - - - - - - - - - - + + - + + - + - - - - - + + - + - - - 9 31 29% 0% 20%

RUCKER R 16 + + - + + + + + + + + - X + + + + + + - + + + + + + + + + + + 27 30 90% n/a 90%

SMITH R 14 + + + + + + + + + - + - + + + + + + + - + + + + + + + + - + - 26 31 84% 82% 81%

Stollings D 7 + + + X X - - - - - - - + + - + + - + - + - + - + + + + + - - 15 29 52% 25% 50%

WEST VIRGINIA SENATE SCORES

10


WEST VIRGINIA SENATE VOTE DETAIL

Party District

SB 338

HB 2301

HB 2542

SB 16

SB 500

SB 585

SB 18

SB 437

SB 563

SB 343

SB 399

SB 526

SB 576

HB 2679

SB 222

HB 2119

HB 2446

HB 2646

SB 345

SB 402

HB 2850

HB 2857

SB 174

HB 239

SB 388

SB 630

HB 2002

HB 2196




ACU Votes

Votes Cast

2017 %

2016 %

LIFETIME AVG

SWOPE R 6 + + + + + + + + + - + - - + + + + + + - + + + + + + + + + + - 26 31 84% n/a 84%

SYPOLT R 14 + + + + + - + + - - + - + + + + + + - - + + + + + + + + + + - 24 31 77% 83% 79%

TAKUBO R 17 + X + X X + + - + - + - - + + + + + + - + + + + + + + + X + X 21 26 81% 75% 79%

TRUMP R 15 + + + + + + + + + - + - - + + + + + + - + + + + + + + + + + - 26 31 84% 83% 86%

Unger D 16 + + - + + - - + - - - - + + - + + - + - - - + - + + + + X - X 15 29 52% 42% 45%

WELD R 1 + + + + + + - - + - + - - + + + + + + + + + + + + + + - X + X 23 29 79% 82% 85%

Woelfel D 5 + + + - - + - + + - - - - + - + + - + - + - + - + + + + X - X 16 29 55% 42% 47%

11


WEST VIRGINIA HOUSE STATISTICS

66%OVERALL AVERAGE

HAMILTON65%

LOWEST REPUBLICAN

86%REPUBLICAN AVERAGE

30%DEMOCRAT AVERAGE

BYRD50%

HIGHEST DEMOCRAT

WEST VIRGINIA HOUSE CONSERVATIVE RATINGS

RED = REPUBLICANS BLUE = DEMOCRATS

# OF STATEREPS

50

45

40

35

30

25

20

15

10

5

090-100%

2017 ACU PERCENTAGE

0-9% 10-19% 30-39% 40-49% 50-59% 60-69% 70-79% 80-89%20-29%

12


1. HB 2542 Higher Education Personnel Rules. This bill makes changes to the rules for higher education staff, including eliminating the ability to “bump” someone from a position based on seniority, allows colleges to incentivize job performance and allows the University of West Virginia and Marshall University to set their own classification and compensation system. ACU supports the ability of educational institutions to base personnel decisions on job performance and supported this bill. The House passed the bill on February 28, 2017 by a vote of 61-38.

2. HB 2725 Board of Cosmetology Regulations. This bill prevents the Board of Barbering and Cosmetology from regulating or restricting an unlicensed person’s use of hair, nail, skin and beauty products commonly available in retail stores (whether for compensation or not). Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU opposes the proliferation of licensing requirements that are primarily designed to restrict competition and supported his bill as a step in the right direction. The House passed the bill on March 7, 2017 by a vote of 59-39.

3. HB 2119 Obamacare Implementation. This bill shuts down the state insurance exchange set up to implement Obamacare. ACU opposes this federal government takeover of the U.S. health care system that has caused millions of people to lose their doctors and health care plans and has resulted in enormous increases in insurance premiums and deductibles and supported this bill. The House passed the bill on March 14, 2017 by a vote of 68-31.

4. HB 2301 Direct Primary Health Care Agreements. This bill allows direct primary care agreements between doctors and patients for a set monthly fee, while still exempting these agreements from the extensive regulations covering government health insurance plans. ACU supports a free market in health care and supported this bill. The House passed the bill on March 15, 2017 by a vote of 98-0.

5. HB 3105 Casino Subsidies. This bill would eliminate the Racetrack Modernization Fund which has been used to modernize gambling facilities. ACU supports the elimination of wasteful government programs at a time when tax increases are proposed to balance the budget and supported this bill, The House passed the bill on March 25, 2017 by a vote of 50-46.

6. HB 2850 Product Liability Tort Reform. This bill provides liability protection to the seller of a product if they had no role in the product’s manufacturing process. Under the bill, a seller is only liable if they have actual knowledge of a defect, substantial control over the product's production or significantly altered the product before its sale. ACU supports tort reform to protect innocent parties to a dispute and supported this bill. The House passed the bill on March 27, 2017 by a vote of 65-34.

7. HB 338 Medical Malpractice Reform. This bill makes a series of reforms to medical malpractice law, including preventing multiple lawsuits stemming from the same course of treatment and a one year statute of limitation for medical professional liability claims against nursing homes and assisted living facilities, among other provisions. ACU supports medical malpractice reform and supported this bill. The House passed the bill on March 31, 2017 by a vote of 87-12.

8. SB 222 Unemployment Benefits for Striking Workers. This bill disqualifies those workers who voluntarily go on strike from receiving unemployment benefits. Those who cannot work because of a company lockout will still receive benefits. ACU supports this common sense reform that preserves benefits for those who are out of work involuntarily and supported this bill. The House passed the bill on April 1, 2017 by a vote of 57-42.

9. SB 437 Dog Breeding Subsidies. This bill eliminates the Greyhound Breeding Development Fund which uses video lottery revenue to pay out roughly $15 million per year to the breeders of greyhounds that race at dog tracks. This revenue is instead redirected to the general fund. ACU supports this fiscally sound proposal at a time when tax increases have been proposed to make up for a budget shortfall and supported this bill. The House passed the bill on April 1, 2017 by a vote of 56-44.

10. SB 563 Tort Reform. This bill is meant to reduce the number of frivolous lawsuits concerning debt collection by allowing creditors to remedy violations to the satisfaction of the debtor before litigation is brought forth. ACU supports common-sense tort reform and supported this bill. The House passed the bill on April 5, 2017 by a vote of 72-28.

11. HB 2018 Government-Run Broadcasting. The Gearheart amendment to the budget bill eliminates funding for the Educational Broadcasting Authority totaling $3.6 million for Fiscal Year 2018. ACU does not believe government should be in the domestic broadcasting business and supported this amendment. The House defeated the amendment on April 5, 2017 by a vote of 10-88.

12. SB 345 Property Rights. This bill allows for Sunday hunting and trapping on private property with the written consent of the owner. The ACU Foundation’s Center for 21st Century Property Rights engages heavily on issues relating to hunting and land usage. ACU supports strengthening property rights and supported this bill. The House passed the bill on April 6, 2017 by a vote of 92-5.

13. SB 402 Right of Contract. This bill prevents physicians and employers from freely negotiating their own contracts by dictating the terms of non-compete clauses, and voids such agreements if the employer terminates the physician’s employment. ACU believes government should not interfere with the right to decide what is or is not in a contract and opposed this bill. The House passed the bill on April 6, 2017 by a vote of 80-18.

WEST VIRGINIA HOUSE VOTE DESCRIPTIONS

13


14. HB 2446 Government Transparency. This bill increases the transparency of government agency websites by requiring the posting of certain information including a list of all agency officials, contact information, applicable agency forms (including complaint), meeting minutes, and the governing statutes for that agency. ACU supports increasing government transparency and supported this bill. The House passed the bill on April 6, 2017 by a vote of 74-24.

15. HB 2646 Reducing the Size of Government. This bill terminates the West Virginia Women’s Commission as of July 2018. The Commission was set up 40 years ago to encourage better health and well-being for women. ACU supports the elimination of wasteful, overlapping and unneeded government programs at a time when tax increases have been proposed to balance the budget and supported this bill. The House passed the bill on April 7, 2017 by a vote of 61-39.

16. SB 174 Regulatory Reform. This bill eliminates the jurisdiction of the state Public Service Commission over the transport of household goods. ACU supports this regulatory reform of an anti-competitive system that has resulted in no approvals for a new moving company in West Virginia for the past ten years and supported this bill. The House passed the bill on April 7, 2017 by a vote of 66-31.

17. HB 239 Paycheck Protection. This bill ends the practice of withholding union or club dues from an employee’s paycheck and requires an employer to gain written consent before deducting any payment to support a political candidate or committee. In addition, a union must now gain written consent from a non-union member to use funds for political purposes. ACU opposes automatic deductions from paychecks for union dues or political activities and supported this bill. The House passed the bill on April 7, 2017 by a vote of 51-49.

18. SB 388 Firearms on School Property. This bill permits an individual to possess a concealed firearm on school property when picking up or dropping off a student as long as the firearm does not leave the vehicle. ACU supports the founder’s belief in the Second Amendment and supported this bill. The House passed the bill on April 7, 2017 by a vote of 94-5.

19. SB 630 Virtual Education Regulation. This bill allows county school systems to offer full time K-12 virtual education programs and “an online pathway to gaining a high school diploma.” These students are still counted in the per-pupil school aid formula and participants and home schoolers can participate in school sports and extra-curricular activities. Educational attainment is an important cultural value that yields substantial economic returns for families and for states, which is illustrated by the ACU Foundation’s Family Prosperity Index. ACU supports expanding educational opportunities and supported this bill. The House passed the bill on April 8, 2017 by a vote of 66-34.

20. HB 2002 Parental Consent to Abortion. This bill strengthens West Virginia’s parental consent law to require that 48 hours notice be given to a parent or guardian before an abortion is performed on a minor. The bill also requires additional information concerning abortions be included on physician reporting forms, which are provided to the state. ACU believes abortion is a human tragedy, supports restrictions on the practice and supported this bill. The House passed the bill on April 8, 2017 by a vote of 82-17.

21. HB 2196 Home School Regulations. This bill permits home school students to participate in secondary school extracurricular activities. The bill also allows private and parochial school students to participate if their school does not offer any sport or extracurricular activities. ACU supports strengthening school choice and supported this bill. The House passed the bill on April 8, 2017 by a vote of 51-48

22. HB 2679 Firearms in Parks and Park Facilities. This bill clarifies the right to carry a firearm for self-defense in a state park, forest and recreational area managed by the Department of Natural Resources. In addition, county park commissions can no longer ban firearms on their facilities. ACU supports the founder’s belief in the Second Amendment and supported this bill. The House passed the bill on April 8, 2017 by a vote of 94-5.

23. HB 2857 Employee Drug Testing. This bill allows employers to test employees for alcohol or drugs as a condition of hiring or continued employment. ACU supports the right of employers and employees to negotiate their own arrangements and supported this bill. The House passed the bill on April 8, 2017 by a vote of 82-17.

24. HB 113 (Special Session) Jackie Withrow Hospital Privatization. This bill requires the state to sell the government-run Jackie Withrow Hospital in Beckley. ACU supports the private ownership of hospitals, and supports the sale of a facility that has many empty beds and is in need of a massive taxpayer-funded renovation. The sale of this hospital meets ACU Foundation’s “Seven Principles of Privatization”. Thus, ACU supports this fiscally sound proposal and supported this bill. The House passed the bill on June 16, 2017 by a vote of 53-34 but it was vetoed by the governor.

25. SB 1013 (Special Session) Budget Bill. This bill funds the government for Fiscal Year 2018 with no tax increases and at a lower spending level than proposed by the governor. ACU supports this fiscally sound proposal and supported this bill. The House passed the bill on June 16, 2017 by a vote of 64-25.

26. SB 1006 (Special Session) Gas and Vehicle Tax Increases. This bill raises the minimum price used to calculate the gas tax from $2.34 to $3.04 per gallon and raises the vehicle purchase tax by 20 percent to provide additional funds to the Department of Highways. ACU Foundation’s Family Prosperity Index shows that higher tax burdens suppress economic growth, which reduces family prosperity. ACU opposes increasing taxes to fund an agency that has faced federal corruption charges and whose projects have had consistent cost-overruns and opposed this bill. The House passed the bill on June 16, 2017 by a vote of 54-32.

14


WEST VIRGINIA HOUSE VOTE DETAIL

Party District

HB 2542

HB 2725

HB 2119

HB 2301

HB 3105

HB 2850

HB 338

SB 222

SB 437

SB 563

HB 2018

SB 345

SB 402

HB 2446

HB 2646

SB 174

HB 239

SB 388

SB 630

HB 2002

HB 2196

HB 2679

HB 2857




ACU Votes

Votes Cast

2017 %

2016 %

LIFETIME AVG

AMBLER R 42 + + + + + + + + + + - + - + + + + + + + - + + X X X 20 23 87% 73% 72%

ANDERSON R 8 + + + + + + + + + + - + - + + + + + - + - + + + + - 21 26 81% 64% 69%

ARMSTEAD R 40 + + + + + + + + + + - + - + + + + + + + + + + + + - 23 26 88% 82% 82%

ARVON R 31 + + + + + + + + + + - + - + + + + + + + - + + X X X 20 23 87% 73% 77%

ATKINSON R 11 + + + + + + + + + + - + - + + + + + + + + + + + + - 23 26 88% 73% 81%

Baldwin D 42 - - - + - - + - - + - + - - - - - X - - - + - + - - 6 25 24% n/a 24%

Barrett D 61 - - - + - - + - - - - + - + - - - + - - + + + + - + 10 26 38% n/a 34%

Bates D 30 - - - + - - + - - + - + - - - + - + - + - + + - - - 9 26 35% 55% 44%

BLAIR R 59 + + + + + + + + + + + + - + + + + + + + + + + + + + 25 26 96% 82% 91%

Boggs D 34 - - - + - - + - - + - + - - - + - + - + + + + - - - 10 26 38% 50% 35%

Brewer D 13 - - - + - + + - - + - + - + - - - + - + - + + - - - 10 26 38% n/a 38%

BUTLER R 14 + + + + + + + + + + + + - + + + + + + + + + + X + X 23 24 96% 82% 83%

Byrd D 35 - - - + - - + - - + - + + + - + - + + + - + + + - - 13 26 50% 50% 46%

Canestraro D 4 - - - + - - + - - - - + - - - - - + - + - + + - - - 7 26 27% n/a 27%

CAPITO R 35 + + + + + + + + + + - + - + - + + + + + + + + + + - 22 26 85% n/a 85%

Caputo D 50 - - - + - - - - - - - + - - - - - + - - - + - - - - 4 26 15% 0% 16%

COOPER R 28 + + + + + + + + + + - + - + + + + + + + - + + + + + 23 26 88% 73% 72%

COWLES R 58 X + + + + + + + + + - + - + + + - + + + + + + + + - 21 25 84% 70% 84%

CRISS R 10 + + + + + + + + + + - + - + + + - + + + + + + + + - 22 26 85% n/a 85%

DEAN R 21 + + + + - + + - - + - + - + + + + + + + + + + - + - 19 26 73% n/a 73%

DEEM R 10 + + + + + + + + + + X X - + + + + + + + - + + X X X 19 21 90% 82% 84%

Diserio D 2 - - - + - - + - - - - + - - - - - + - - - + - - - - 5 26 19% n/a 25%

Eldridge D 22 - - - + - - - - - - X + + - - - - + - + - + + - - + 8 25 32% 40% 35%

ELLINGTON R 27 + X + + X + + + + + + + - + + + + + + - + + + X X X 19 21 90% 78% 80%

ESPINOSA R 66 + + + + - + + + + + - + - + + + + + + + + + + + + + 23 26 88% 82% 85%

EVANS, A. R 54 + + + + - + + + + + - - - + + X - + + + + + + X X X 17 22 77% 60% 69%

Evans, E. D 26 - - - + - - + - - - - + + - - - - + - - - + + - + - 8 26 31% n/a 31%

FAST R 32 + + + + + + + + + + - - + + + + + + + + + + + + + + 24 26 92% 82% 86%

Ferro D 4 - - X X - + - - - - - + - + - - - + - + - + - - - - 6 24 25% 20% 31%

Fleischauer D 51 - X - + - - + - - - - + - + - - - - - - - - - - - - 4 25 16% 9% 15%

Fluharty D 3 - - - + - - - - - - - + - - - + - + + + - + - - - - 7 26 27% 44% 39%

FOLK R 63 - + + + - + + + - - + X X X + + - + + + + + + + + + 18 23 78% 82% 82%

WEST VIRGINIA HOUSE SCORES

15



Party District

HB 2542

HB 2725

HB 2119

HB 2301

HB 3105

HB 2850

HB 338

SB 222

SB 437

SB 563

HB 2018

SB 345

SB 402

HB 2446

HB 2646

SB 174

HB 239

SB 388

SB 630

HB 2002

HB 2196

HB 2679

HB 2857




ACU Votes

Votes Cast

2017 %

2016 %

LIFETIME AVG

FOSTER, G. R 15 + + + + X + + + + + - + - + + + + + + + + + + + + + 23 25 92% 82% 88%

FOSTER, N. R 38 + + + + + + + + + + + + + + + + + + + + + + + X X X 23 23 100% n/a 100%

FRICH R 51 - + + + + + + + + + - + - + + + + + + + + + + + + + 23 26 88% 82% 78%

GEARHEART R 27 + + + + + X + + + + + + - + + + + + + + + + + + + + 24 25 96% 82% 92%

HAMILTON R 45 + - + + + + + - - + - + + + - + - + + + - + + - + - 17 26 65% 50% 55%

HAMRICK R 48 + + + + + + + + + + - + - + + + + + + + + + + + + + 24 26 92% 82% 81%

HANSHAW R 33 + + + + + + + + + + - - - + + + + + + + - + + + + - 21 26 81% 64% 72%

HARSHBARGER R 7 + + + + + + + + + + - + - + + + + + + + + + + + + + 24 26 92% n/a 92%

Hartman D 43 - - - + - - + - - + - + - + - + - + + + - + + - + - 12 26 46% 50% 49%

Hicks D 19 - - - + X - - - - + - + - + - - - + - + + + + + + - 11 25 44% 60% 50%

HIGGINBOTHAM R 13 + + + + + + + + + + - + - + + - + + + + + + + + + + 23 26 88% n/a 88%

HILL R 41 + + + + + + + + + + + + + + + + + + + + + + + + + + 26 26 100% 82% 92%

HOLLEN R 9 + + + + + + + + + + - + - + + + + + + + + + + + + - 23 26 88% n/a 88%

Hornbuckle D 16 - - - + - - + - - - - + - - - - - + - - - + - - - - 5 26 19% 18% 19%

HOUSEHOLDER R 64 + + + + + + + + + + - + - + + + + + + + + + + X X X 21 23 91% 82% 89%

HOWELL R 56 + + + + + + + + + + - + - + + + + + + + + + + + + + 24 26 92% 82% 90%

Iaquinta D 48 - - - + - - + - - + - + - - - - - + - + - + + X X X 8 23 35% n/a 32%

Isner D 43 - - - + - - - - - - - + - - - + - + - + - + + - + - 8 26 31% n/a 31%

KELLY R 10 + + + + + + X X + + - + - + + + + + - + + + + + + - 20 24 83% 73% 79%

KESSINGER R 32 + + + + + + + + + + + + + + + + + + + X + X X + + + 23 23 100% 82% 90%

LANE R 38 + + + + + + + + + + - + - X + - + - + + + - + + + - 19 25 76% 82% 73%

LEWIS R 53 + + + + + + + - + + - + - + + + + + - + - + + - + - 19 26 73% n/a 73%

Longstreth D 50 - - + + - - + - - - - + - - - - - - - - - + - - - - 5 26 19% 18% 23%

Love D 32 - - + + - - + - - - - + + + - + - + - - - + + - + - 11 26 42% n/a 42%

Lovejoy D 17 - - - + - - + - - + - + - + - - - + - + - + - - - - 8 26 31% n/a 31%

Lynch D 44 - - - + - - + - - - - + - - - - - + - + - + - + + + 9 26 35% 36% 37%

Marcum D 20 + - + + - - - - - - - + + - - - - + - + - + - + - + 10 26 38% 55% 42%

MARTIN R 46 + + + + + + + + + + - + + + + + + + + + + + + - + + 24 26 92% n/a 92%

MAYNARD R 22 + + + + + + + + - + - + - + + + - + + + X + + + + + 21 25 84% n/a 84%

MCGEEHAN R 1 + + + + - + + + - - + + + + + + - + + + + + + + + + 22 26 85% 82% 87%

Miley D 48 - - - + - - - - - - - + - - - - - + + - - + + + - - 7 26 27% 36% 29%

MILLER, C. R 16 + + + + + + + + + + - + - + + + + + + + + + + X + X 22 24 92% 82% 78%

Miller, R. D 23 - - - + - - + - - - - + - - - - - + - + - + + + - - 8 26 31% n/a 31%

MOORE R 67 + + + + - + + + + + - + + + + + + + + + + + + + + - 23 26 88% n/a 35%

16



Party District

HB 2542

HB 2725

HB 2119

HB 2301

HB 3105

HB 2850

HB 338

SB 222

SB 437

SB 563

HB 2018

SB 345

SB 402

HB 2446

HB 2646

SB 174

HB 239

SB 388

SB 630

HB 2002

HB 2196

HB 2679

HB 2857




ACU Votes

Votes Cast

2017 %

2016 %

LIFETIME AVG

Moye D 29 - - - + - - + - + + - + - - - - - + - + - + + - + + 11 26 42% 45% 42%

NELSON R 35 + + + + + + + + + + - + - + + + + + + + + + + + + - 23 26 88% 73% 81%

O'NEAL R 28 + + + + + + + + + + - + - + + + + + + + + + + - + + 23 26 88% 82% 80%

OVERINGTON R 62 + + + + + + + + + + - + - + + + + + + + + + + + + + 24 26 92% 89% 93%

PAYNTER R 25 + + + + - + + + + + - + + + + + - + + + + + + + + + 23 26 88% n/a 88%

Pethtel D 5 - - + + - + + - - + - + - + - + - + - - - + + - + - 12 26 46% 9% 28%

Phillips I 24 + + + + - + + + - + - + - + + + - + - + + + + X X X 17 23 74% 64% 64%

Pushkin D 37 - - - + - - + - - - - + - - - - - + + - - - - - - - 5 26 19% 27% 21%

Pyles D 51 - - - + - - + - - - - + - + - - - - - - - - - - - - 4 26 15% n/a 15%

QUEEN R 48 + + + + + + + + + + - + - + + + + + + + + + + + + - 23 26 88% n/a 88%

Robinson D 36 - - - + - - - - - - - + + - - - - + + - - + + + - + 9 26 35% n/a 35%

Rodighiero D 24 - - - + - - + - - - - X X + - - - + - + + + - - - + 8 24 33% 55% 44%

ROHRBACH R 17 + - + + + + + - + + - + - + + + - + - + - + + + + - 18 26 69% 64% 72%

ROMINE, C. R 16 + + + + + + + + + + - + - + + + + + + + + + + + + - 23 26 88% n/a 88%

ROMINE, R. R 6 + + + + + + + + + + - + - + + X + + + + - + + X X X 19 22 86% 64% 72%

ROWAN R 57 + + + + + + + + + + - + - + + + + + + + - + + + + - 22 26 85% 82% 85%

Rowe D 36 - - - + - - - - - - - + - - - - - - + - + - - - + - 5 26 19% 27% 27%

SHOTT R 27 + + + + + + + + + + - + - + + + + + + - + + + + + - 22 26 85% 82% 75%

SOBONYA R 18 + + + + + + + + + + - + - + + + + + + + + + + + + + 24 26 92% 82% 78%

Sponaugle D 55 - - - + - - - - - - - - - - - - - + - + - + + - - + 6 26 23% 50% 37%

STATLER R 51 + + + + + + + + + + - - + + + + + + + + + + + + + - 23 26 88% 90% 85%

STORCH R 3 + + + + - + + - - + - + - + + + - + + + - + + + + - 18 26 69% 64% 69%

SUMMERS R 49 + + + + + + + + + + - + - + + + + + + + - + + X X X 20 23 87% 82% 88%

SYPOLT R 52 + + + + + + + + + + - + - + + + + + + + + + + - + - 22 26 85% n/a 85%

Thompson D 19 - - - + - - - - - - - + - - - - - + - + - + - - + - 6 26 23% n/a 23%

UPSON R 65 + + + X X + + + + + - + - + + - + + + + + + + + + + 21 24 88% 82% 82%

WAGNER R 47 + + + + + + + + + - - + + + - + - + + + - + + + + - 20 26 77% 64% 76%

WALTERS R 39 + + + + + - + + + + - + - + + + + + + + + + + + + - 22 26 85% 80% 82%

WARD R 50 - + + + - + + - - + - + - + + + - + + + + + + - + + 18 26 69% n/a 69%

WESTFALL R 12 + - + + + + + + + + - + - + + + + + + + - + + + + X 21 25 84% 64% 71%

WHITE R 36 + - + + + + + + + + - + - + + X + + + + - + + - + - 19 25 76% 82% 82%

Williams D 51 - - - + - - + - - - - + - - - - - + - + - + - - - - 6 26 23% n/a 23%

WILSON R 60 + + + + + + + + + + + + + + + + + + + + + + + + + + 26 26 100% n/a 100%

ZATEZALO R 1 + + + + - + + + - + - + - + + + + + + + - + + + + - 20 26 77% 82% 82%

Documents

2017 - ACU Ratingsacuratings.conservative.org/wp-content/uploads/sites/5/... · 2017-10-02 · institutions to base personnel decisions on job performance and supported this bill