Tuesday, May 7, 2024
Tuesday, May 7, 2024

Judiciary Discusses Bill Regarding Lobbyists

The House Judiciary Committee advanced a bill that prevents professional boards from hiring lobbyists.

The committee took up House Bill 2204 in its Wednesday meeting. The bill prevents professional boards from hiring lobbyists. However, the bill does not prevent board members and directors from lobbying. It also does not prohibit professional boards from lobbying. Instead, the bill designates that only the director or the appointed board members may lobby on behalf of the board.

Some legislators questioned some of the facets of the legislation and expressed concerns rooted in what they described as potential constitutional issues with the bill.

The First Amendment protects an individual’s or association’s right to petition the government.  Some regulation as to the form and manner of that speech is permissible. Lobbyist registration requirements are valid.

The committee advanced the bill to the House floor.

Senate Bill 240 was also reviewed along with two other bills. This bill repeals certain legislative rules no longer authorized or that are obsolete.  There was a strike-and-insert amendment that added the West Virginia Department of Military Affairs and Public Safety rules to the bill that was adopted. The bill passed the committee and was sent to the House.

The committee also reported House Bill 2691 to the floor. The bill provides that a license to carry a concealed deadly weapon expires on the holder’s birthday.

The committee established a subcommittee to review House Bill 2579 and another bill, House Bill 2744.  House Bill 2579 relates to the collection of tax and the priority of distribution of an estate or property in receivership. The bill seeks to clarify conflicts within the code and create uniformity relating to the collection of taxes, the priority of distribution of an estate and to limit the liability of a fiduciary charged with distribution of the estate.

House Bill 2744 would update officer liability provisions for sales tax, which is held in trust by a vendor or merchant, so all types of business structures are included and not just corporations and associations.

The committee is scheduled to meet again Friday.

TH

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