Monday, December 23, 2024
Monday, December 23, 2024

Resolution to Eliminate County Surveyors Originated in Senate Judiciary

The Senate Judiciary Committee has approved four bills to be reported to the floor with the recommendation that they pass.

SB 298 would allow a constitutional officer to waive his or her salary for any calendar year.

Director of Legislative Affairs Joseph Garcia said on behalf of Governor Jim Justice that the governor has no problem with the changes made in the committee substitute for the bill.

SB 628 would provide funding for the Statewide Interoperable Radio Network through additional court costs to be imposed in criminal cases.

Senator Patricia Rucker, R-Jefferson, said the bill would help to keep the network up to standard in case of an emergency where different emergency services would need to efficiently communicate with each other.

SB 572 would require that elections for county surveyors be conducted on a nonpartisan basis and makes provisions for the appointment and election of a new county surveyor if the office is vacated.

Prior to passing the bill, the committee originated a resolution to amend the constitution and eliminate the office of county surveyor, since the office currently has no duties and no salaries.

SB 521 would authorize Public Defender Services to approve vouchers of attorneys who represent indigent criminal defendants, create conflict public defender corporations, contract for legal services and require contemporaneous time records.

The committee also heard presentations on, SB 576, which would provide an exception to waste for certain oil and gas development and encourage the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by two thirds of the mineral interest owners is permissible, is not waste, and is not a trespass.

Alvin Engelke, a citizen of Wert County, voiced his opposition to the bill and said he would be forced to allow gas companies to take gas from wells on his personal property without providing him any payment for them.

Anne Blankenship, executive director of the West Virginia Oil and Natural Gas Association, said the industry needs the bill to create jobs and allow business investments to more easily enter the state.

Blankenship said West Virginia’s current provisions put the state at a “competitive disadvantage” in comparison to other states with a major energy industry.

Local lawyer Scott Windom said the companies are cheating property owners out of revenues from “forced pooling” because of “corporate greed” that takes away property owners’ rights.

Jessica Blake Brisendine, legal counsel for EQT Corporation, said the co-tenancy and joint development bill would increase employment and employee salaries in the state at a time where the state needs those jobs and developments most.

“This is a step in the right direction for West Virginia,” Brisendine said.

The committee previously heard from three presenters Friday who all spoke against the bill.

All bills except for SB 572 and SB 576 will be referred to Senate Finance once reported out of committee.

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