Actions, Suits And Liens
West Virginia 2023 Regular Session
Relating to choice of law provisions in franchise agreements [HB-2610]
[Consumer Protection ]
[Small Business ]
[Law Enforcement ]
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.
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Relating to preventing compensatory damage awards for medical expenses from including certain sums [HB-2627]
[Healthcare ]
[Insurance ]
[Consumer Protection ]
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.
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West Virginia 2023 Regular Session
Motorsports Responsibility Act [SB-236]
[Sports ]
The purpose of this bill is to create the Motorsports Responsibility Act.
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West Virginia 2023 Regular Session
Limiting liability of landowners when land is used for noncommercial recreational purposes [SB-229]
[Recreation ]
[Public Safety ]
The purpose of this bill is to encourage landowners to make land available for recreational purposes by limiting landowner liability.
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West Virginia 2023 Regular Session
Providing protection for property owner when someone visiting private cemetery causes damage to property [SB-6]
[Real Estate ]
[Property Tax ]
[Public Safety ]
Providing protection for property owner when someone visiting private cemetery causes damage to property
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West Virginia 2023 Regular Session
Providing compensation to victims of abusive lawsuits [SB-92]
[Law Enforcement ]
[Consumer Protection ]
[Funding ]
The purpose of this bill is to provide compensation to victims of abusive lawsuits. It provides that a party in a civil action is entitled to recover attorney's fees and costs in certain cases where after a court dismisses a claim as lacking any basis in law or fact.
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West Virginia 2023 Regular Session
State Settlement and Recovered Funds Accountability Act [HB-2153]
[Budget and Spending ]
[Funding ]
[Law Enforcement ]
The purpose of this bill is to establish the state Settlement and Recovered Funds Accountability Act. The bill requires the deposit of settlement moneys and recovered funds to be deposited in the general revenue. The bill additionally creates an Attorney General Litigation Fund for deposit of attorney fees and costs. The bill also requires certain reporting to be provided by the Attorney General.
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West Virginia 2023 Regular Session
Stop Social Media Censorship Act [HB-2164]
[Technology and Innovation ]
[Consumer Protection ]
[Data Privacy ]
[Media and Advertising ]
[Cybersecurity ]
[Human Rights ]
The purpose of this bill is to permit civil actions by a social media website user for censoring or suppression of social media user's speech.
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West Virginia 2023 Regular Session
To ensure false claims on property titles are not fault of landowner [HB-2307]
[Real Estate ]
[Consumer Protection ]
[Property Tax ]
[Law Enforcement ]
[Public Safety ]
The purpose of this bill is to create the West Virginia Title Protection Act. The bill provides for legislative findings. The bill ensures that rightful property owners retain any and all titles to their property in the event that fraudulent or wrongful claims are listed against their property. The bill provides a mechanism for county clerks to provide notice to rightful landowners when property is transferred, or when titles are filed or modified against their property.
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West Virginia 2023 Regular Session
Authorizing civil damages for any person who was subject to an intentionally false report made to law enforcement [HB-2289]
[Crime ]
[Public Safety ]
[Criminal Justice ]
The purpose of this bill is to authorize suits for civil damages for any person who is subject to an intentionally false report that results in the appearance of a law enforcement officer and that results in harm to the person subject to the report.
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West Virginia 2023 Regular Session
Ban civil asset forfeiture unless person convicted [HB-2329]
[Crime ]
[Criminal Justice ]
[Public Safety ]
The purpose of this bill is to establish the procedures for asset forfeiture.
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West Virginia 2023 Regular Session
Revise existing standards and establish the burden of proof imposed on civil litigants seeking to circumvent corporate structure in civil litigation [HB-2284]
[Law Enforcement ]
The purpose of this bill is to revise existing standards and establish the burden of proof imposed on civil litigants seeking to circumvent corporate structure in civil litigation.
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West Virginia 2023 Regular Session
Establishing of the West Virginia Public Participation Act [HB-2420]
[Law Enforcement ]
[Public Safety ]
[Human Rights ]
[Crime ]
[Criminal Justice ]
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.
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West Virginia 2023 Regular Session
Repealing antiquated provisions relating to gaming activities [HB-2066]
[Gaming ]
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.
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West Virginia 2023 Regular Session
Relating to repayment of legal services when payment is made by the state for public defender services [HB-2404]
[Crime ]
[Criminal Justice ]
[Law Enforcement ]
[Budget and Spending ]
[Funding ]
The purpose of this bill is to permit the court to file a judgment lien for unpaid amounts from public defenders.
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West Virginia 2023 Regular Session
Relating to forbidding excessive government limitations on exercise on religion [HB-2492]
[Religion ]
[Human Rights ]
The purpose of this bill is to create a new article on government limitations on exercise of religion to ensure that, in all cases where state action is alleged to substantially burden the exercise of religion, a compelling interest test is mandated, and, strict scrutiny is applied.
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West Virginia 2023 Regular Session
Establishing a procedure to name a kinship legal guardian [HB-2490]
[Family-Related Legislation ]
[Children and Youth ]
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
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West Virginia 2023 Regular Session
Relating to admissibility of certain evidence in a civil action for damages [HB-2154]
[Consumer Protection ]
[Transportation and Motor Vehicles ]
[Public Safety ]
The purpose of this bill is to allow admission of evidence in a civil action of the use or nonuse of a safety belt on the issues of negligence, contributory negligence, comparative negligence and failure to mitigate damages.
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West Virginia 2023 Regular Session
Creating a process by which voters may recall a county ordinance in a special election [HB-2243]
[Elections ]
The purpose of this bill is to create a process by which voters may recall a county ordinance in a special election.
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West Virginia 2022 Regular Session
Requiring hospitals to receive patients transported to them by EMS providers [SB-652]
[Healthcare ]
[Public Health ]
[Public Safety ]
Requiring hospitals to receive patients transported to them by EMS providers