Actions, Suits And Liens

State (West Virginia)
West Virginia 2024 Regular Session

Limiting landowner liability when land is used for certain purposes [SB-577]
The purpose of this bill is to encourage landowners to make land available for recreational purposes by limiting landowner liability.

  

Sponsored by: Sen. Robert Karnes To House Judiciary on 02/14/2024

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State (West Virginia)
West Virginia 2024 Regular Session

To choose to not vaccinate children does not amount to abuse and neglect [HB-5206]
The purpose of this bill is to provide that the decision of a parent, guardian or custodian not to have a child vaccinated is not child abuse.

  

Sponsored by: Rep. Christopher Pritt Filed For Introduction on 01/26/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Relating to financial exploitation of a person in recovery [HB-5193]
The purpose of this bill is to prohibit the financial exploitation of a person in recovery.

  

Sponsored by: Rep. Matthew Rohrbach Filed For Introduction on 01/25/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Creating a process by which voters may recall a county ordinance in a special election [HB-5009]
The purpose of this bill is to create a process by which voters may recall a county ordinance in a special election.

  

Sponsored by: Rep. Carl Martin Filed For Introduction on 01/23/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Relating to choice of law provisions in franchise agreements [HB-4980]
The purpose of this bill is to make choice of law provisions in franchise contracts inoperable as a matter of West Virginia law if the West Virginia franchisee objects.

  

Sponsored by: Rep. Evan Worrell Filed For Introduction on 01/22/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Mandating restitution to children of victims of negligent homicide or driving under the influence causing death [HB-4965]
The purpose of this bill is to mandate restitution to children of victims of negligent homicide or driving under the influence causing death.

  

Sponsored by: Rep. Brandon Steele Introduced In Senate on 02/05/2024

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State (West Virginia)
West Virginia 2024 Regular Session

To clarify the limit on liability for noneconomic damages [HB-4973]
The purpose of this bill is to reduce the maximum amount recoverable as compensatory damages for noneconomic loss in workers' compensation death and disability benefits.

  

Sponsored by: Rep. Steve Westfall Filed For Introduction on 01/22/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Providing Attorney General with non-exclusive prosecutorial authority over public integrity cases [SB-488]
The purpose of this bill is to provide non-exclusive prosecutorial authority over public integrity cases to the Attorney General of West Virginia.

  

Sponsored by: Sen. Charles Clements Filed For Introduction on 01/18/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Removing discretion of court to issue written investigation for proceedings [SB-353]
The purpose of this bill is to remove the procedure for the court to conduct written investigations into proceedings under Article 9, to ensure that the West Virginia judiciary remains neutral and detached in all matters pending before any court of this state, and to ensure that the West Virginia judiciary does not in any way initiate or participate in investigations or other activities properly reserved to the executive consistent with the separation of powers required under Article V, Section 1, of the Constitution of the State of West Virginia.

  

Sponsored by: Sen. Rupert Phillips Filed For Introduction on 01/12/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Modifying witness fee and mileage rate paid by state to match federal court system [SB-335]
The purpose of this bill is to amend the witness fee rate in West Virginia to match the current federal rate.

  

Sponsored by: Sen. Michael Woelfel Committee Substitute Reported, But First To Finance on 01/18/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Repealing antiquated provisions relating to gaming activities [HB-4641]
The purpose of this bill is to repeal §55-9-1, §55-9-2, and §55-9-3 of the Code of West Virginia to remove antiquated provisions of the code relating to gaming activities.

  

Sponsored by: Rep. Shawn Fluharty Filed For Introduction on 01/12/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Relating to preventing compensatory damage awards for medical expenses from including certain sums [HB-4691]
The purpose of this bill is to prevent compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay for medical care or treatment.

  

Sponsored by: Rep. Geoff Foster Filed For Introduction on 01/12/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Providing protection for property owner when someone visiting private cemetery causes damage to property [SB-256]
Providing protection for property owner when someone visiting private cemetery causes damage to property

  

Sponsored by: Sen. Amy Grady Filed For Introduction on 01/11/2024

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State (West Virginia)
West Virginia 2024 Regular Session

To create the Occupational Licensing Legal Fund in the State Treasury [HB-4603]
The purpose of this bill is to establish a special revenue fund out of existing receipts to pay legal fees and court costs to the West Virginia Attorney General, or other counsel, incurred within the operation of the occupational licensing boards.

  

Sponsored by: Rep. Geoff Foster Filed For Introduction on 01/11/2024

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State (West Virginia)
West Virginia 2024 Regular Session

No guardian ad litem is needed on adoptions if both parents sign a relinquishment [HB-4234]
The purpose of this bill is to provide that a guardian ad litem may not be appointed in an adoption proceeding when both birth parents have signed proper relinquishments.

  

Sponsored by: Rep. Christopher Pritt Filed For Introduction on 01/10/2024

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State (West Virginia)
West Virginia 2024 Regular Session

A court has venue for adoption if it had jurisdiction over guardianships [HB-4360]
The purpose of this bill is to provide that the location of a court with guardianship jurisdiction of a minor child has venue for an adoption.

  

Sponsored by: Rep. Christopher Pritt Filed For Introduction on 01/10/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Establishing of the West Virginia Public Participation Act [HB-4176]
The purpose of this bill is to establish the West Virginia Public Participation Act. The bill provides additional protections to individuals and entities engaged in the exercise of the protected constitutional rights of free speech, freedom to petition, and freedom of association by allowing for the filing of a motion to dismiss in response to strategic lawsuits against public participation. The bill establishes procedures for reviewing strategic lawsuits against public participation and sets forth the applicability and limitations of the defense.

  

Sponsored by: Rep. Mike Pushkin Filed For Introduction on 01/10/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Establishing a procedure to name a kinship legal guardian [HB-4533]
The purpose of this bill is to provide a simple proceeding in family court to name a kinship legal guardianship where a person is unmarried and at least 16 years of age or older, and receives effectively no substantial care and support from his or her legal parents, but does receive such care and support from another person who petitions to be named a kinship legal guardian. The bill would clarify who provides substantial care and support for the supported person in the absence of such care and support by the parents. This clarification of support (continued...)

  

Sponsored by: Rep. Larry Rowe Filed For Introduction on 01/10/2024

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State (West Virginia)
West Virginia 2024 Regular Session

To prohibit punishment for teachers who refuse to use pronouns inconsistent with a child’s sex [HB-4579]
The purpose of this bill is to protect West Virginia public school teachers who refuse to use pronouns that are inconsistent with a student's biological sex.

  

Sponsored by: Rep. Christopher Pritt Filed For Introduction on 01/10/2024

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State (West Virginia)
West Virginia 2024 Regular Session

Relating to damages for medical monitoring; establishing requirements for an order for payment of medical monitoring expenses [HB-4383]
The purpose of this bill is to provide for damages for medical monitoring. The bill establishes requirements for an order for payment of medical monitoring expenses. The bill provides that an increased risk of disease is not a compensable basis for damages in any civil action. The bill provides that, where awarded, payment of medical monitoring expenses shall not be paid to a prevailing plaintiff until the procedure is completed. The bill requires that, where awarded, defendants pay medical monitoring expenses into a fund established by the court (continued...)

  

Sponsored by: Rep. Phil Mallow Filed For Introduction on 01/10/2024

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