Thursday, April 3, 2025
Thursday, April 3, 2025

Crossover Day: House Advances WVSSAC Lawsuit Bill

Today is crossover day for the West Virginia Legislature.

Before today’s floor session, House Rules moved House Bills 3377, 3425, and 3516 to the inactive calendar. Twenty-two bills passed today in the morning’s floor session.

House Bill 2973 requires a 30-day pre-suit notice for claims against the West Virginia Secondary Schools Athletic Commission (WVSSAC). The bill requires all claims against the WVSSAC to be brought and prosecuted in Kanawha County Circuit Court unless the school involved is in Kanawha County. If the school is in Kanawha County, the suit may be bought and prosecuted in any other county in the state.

House Bill 3189 creates a crime of attempting to smuggle contraband into federal correctional institutions within the state. The bill does this by adding federal correctional institutions to the list of correctional facilities in which it is a criminal offense to deliver anything unlawfully to a person in custody.

House Bill 2551 increases fines for owners whose livestock trespasses on another’s property, typically resulting in damages. Proponents of the bill spoke about livestock owners acting negligently and not repairing fences to enclose livestock properly. Opponents stated this is a civil issue and that this code section should be repealed as it applies criminal penalties. A first offense is a warning. For a second offense within 12 months, the owner is guilty of a misdemeanor and shall be fined between $100 and $200. For a third or subsequent offense within 12 months of the previous offense, the owner is guilty of a misdemeanor and shall be fined between $200 and $2,000.

House Bill 3513 removes the liability of licensees who sell or serve alcohol in a civil action for damages for injury, death, or damage caused by the intoxication of a person they served unless the licensee knowingly provides alcohol to a minor or knowingly provides alcohol to a person who is visibly intoxicated. The bill limits the liability for medical expenses to $1 million and punitive damages of up to two times the compensatory damages. The bill requires clear and convincing evidence of gross negligence for action to be brought against the owner. Proponents of the bill mentioned the high insurance on bars and that many do not have the insurance needed because of high prices. Other proponents stated that this bill is making sure more owners have insurance. Opponents felt the bill was going too far in limiting what damages an individual can seek.

House Bill 3412 exempts the Legislature from the disclosure of public records when it adopts regulating the disclosure of public records. It was stated that because the Legislature conducts business based on its adopted rules it is more appropriate for rules relating to public record disclosure to be included in its rules.

The House is in recess until 5 p.m.

The House returned to complete the calendar and hear committee reports.

The House is adjourned until 11 a.m. tomorrow, April 3, 2025.

Committee Meetings, Today April 12

Committee Meetings, Tomorrow, April 3

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