WEST virginia Legislature

2018 regular session

Introduced

Senate Bill 57

By Senator Romano

[Introduced January 10, 2018; Referred
to the Committee on the Judiciary; and then to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22B-1-7a; and to amend said code by adding thereto a new section, designated §24-1-7a, all relating to requiring disclosure of attorney source payment in certain administrative hearings; requiring a person involved in a proceeding before the environmental boards to disclose who is paying the person’s attorney’s fees; and requiring a person involved in a proceeding before the Public Service Commission to disclose who is paying the person’s attorney’s fees.

Be it enacted by the Legislature of West Virginia:

CHAPTER 22B. ENVIRONMENTAL BOARDS.

ARTICLE 1. GENERAL POLICY AND PURPOSE.

§22B-1-7a. Disclosure of attorney source payment.

Any person involved in a proceeding before the boards, as an appellant, intervenor or other interested party, that files a document with the board prepared by an attorney or attorneys shall disclose whether the attorney or attorneys are being paid for by someone other than the person involved in the proceeding and, if so, who is paying for the person’s attorney or attorneys in the proceeding.

CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 1. GENERAL PROVISIONS.

§24-1-7a. Disclosure of attorney source payment.

Any person involved in a proceeding before the commission, as an appellant, intervenor or other interested party, that files a document with the commission prepared by an attorney or attorneys shall disclose whether the attorney or attorneys are being paid for by someone other than the person involved in the proceeding and, if so, who is paying for the person’s attorney or attorneys in the proceeding.

NOTE: The purpose of this bill is to ensure attorney source payment is disclosed in certain hearings to provide full information regarding the interests at stake.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.