Enrolled Version - Final Version
House Bill 104 History
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ENROLLED
H. B. 104
(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
[Passed March 16, 2008; in effect ninety days from passage.]
AN ACT
to amend and reenact §55-17-1 and §55-17-5 of the Code of
West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §55-17-6, all
relating to requiring notice to certain public officials upon
commencement of actions on behalf of the state or a government
agency thereof; requiring notice prior to settlement of such
actions; requiring notice of potential recovery through
seizure or forfeiture of assets in certain criminal cases; and
providing for statutory construction of the article.
Be it enacted by the Legislature of West Virginia:
That §55-17-1 and §55-17-5 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto a new section, designated §55-17-6, all to read
as follows:
ARTICLE 17. PROCEDURES FOR CERTAIN ACTIONS ON BEHALF OF OR AGAINST THE STATE.
§55-17-1. Findings; purpose.
(a) The Legislature finds that there are numerous actions,
suits and proceedings filed against state government agencies and
officials that may affect the public interest. Depending upon the
outcome, this type of litigation may have significant consequences
that can only be addressed by subsequent legislative action. In
these actions, the Legislature is not directly involved as a party.
The Legislature is not a proper party to these actions because of
an extensive structure of constitutional protections established to
safeguard the prerogatives of the legislative branch under our
governmental system of checks and balances. Government agencies
and their officials require more notice of these actions and time
to respond to them and the Legislature requires more timely
information regarding these actions, all in order to protect the
public interest. The Legislature further finds that protection of
the public interest is best served by clarifying that no government
agency may be subject to awards of punitive damages in any judicial
proceeding.
(b) The Legislature further finds that there are numerous
actions, suits and proceedings filed on behalf of the State of West
Virginia or a government agency thereof, that may affect the public
interest. Depending upon the outcome, this type of litigation may
have significant consequences that can only be addressed by subsequent legislative action. In such litigation, the Governor,
Department of Administration and the Legislature may not be
directly involved as parties. Additionally, the Governor,
Department of Administration and the Legislature need advance
notice of potential moneys that may become available as a result of
seizure or forfeiture of assets under state or federal criminal
law. The Governor, Department of Administration and the Legislature
require more timely information regarding these actions in order to
protect the public interest. The Legislature further finds that
protection of the public interest is best served by requiring
notice to the Governor, the Secretary of the Department of
Administration, the President of the Senate and the Speaker of the
House of Delegates of any action brought on behalf of the state or
a government agency thereof, which may result in a judgment, award
or settlement and when the state or a government agency thereof,
becomes eligible for moneys from state or federal seizure or
forfeiture of assets in criminal cases.
(c) It is the purpose of this article to establish procedures
to be followed in certain civil actions filed on behalf of or
against state government agencies and their officials.
§55-17-5. Notice of settlement, seizure or forfeiture.
(a) So that the Governor, the Department of Administration and
the Legislature may be aware of potential awards, the person or
entity bringing any action on behalf of the State of West Virginia, or a government agency thereof, which could result in settlement or
judgment shall upon commencement of the action and prior to
entering into any settlement agreement which directs how the money
should be expended, notify and provide copies of pleadings and
related documents to the Governor, the Secretary of the Department
of Administration, the President of the Senate and the Speaker of
the House of Delegates.
(b) When a government agency becomes aware that moneys may be
available to them from a state or federal seizure or forfeiture in
a criminal case they shall notify the Governor, the Secretary of
the Department of Administration, the President of the Senate and
the Speaker of the House of Delegates: Provided, That the total
value of the assets to be seized or forfeited exceeds two hundred
and fifty thousand dollars.
§55-17-6. Construction of article.
(a) It is the express intent of the Legislature that the
provisions of this article be liberally construed to effectuate the
public policy set forth in section one of this article.
(b) The provisions of this article may not be construed to
impose any liability upon a state agency from which the agency is
otherwise immune.