We send this newsletter to our clients to keep them abreast of the actions and decisions by the legislature. Because we represent a variety of sectors, we think it might be easier for our readers to find bills that are of interest to them by breaking them down by category, rather than committee. We hope our readers find the new headings helpful.
Estates & Trusts
Committee Substitute for SB53 got a lot of discussion in Senate Judiciary on Friday. This bill would provide that any next of kin who is criminally responsible for the death of a relative may not be involved in the decedent’s burial arrangements. The com sub adds child abuse with aggravated factors as a reason to prohibit the planning, attending, or participating in planning the funeral.
A question by a member of the committee, “What are we fixing?” led to discussion from several senators. Senator Stover, a circuit clerk for 16 years, noted that he had been involved in court-related situations that were extremely tense due to the perpetrator of child abuse resulting in death attending the funeral. Senator Woodrum said he spent his entire career in the funeral business and, while this is uncommon, it does happen. “When it does occur, there’s a great potential for violence,” Woodrum said. The bill passed committee and will be reported to the floor.
Committee Substitute for SB80 passed Senate Judiciary Monday and would create the WV Small Estates Act by adding new article 1A to chapter 44. The purpose of the bill is to allow the administration of small estates containing under $50,000 in personal property and under $100,000 in real property by affidavit and without appointment of a personal representative, and allow payment or delivery of small assets of a decedent to an authorized successor. The form to be used is included in the legislation.
Counsel for the committee explained that this should streamline and simplify the process for small estates that don’t have much money. Attorney Chris Whitten, Chair of the State Bar Probate Committee, said the committee has done extensive work on this bill. He pointed out that the small estate process is optional if there’s some complexity and there is a process of objection to the authorized successor that would allow a regular probate process to be opened. Senator Lindsay, an attorney, had several questions, concluding with, “Thank you, Mr. Whitten. I think I deserve a CLE credit from your lesson on probate.”
Public Safety
Nuisance protection for volunteer fire depts., failure to return borrowed or leased property a misdemeanor
Originating Bill #1 (similar to a 2020 House bill) was introduced in the Senate Judiciary Committee Friday. If passed, the bill would provide liability protection for volunteer fire departments and emergency medical services for use of fixed sirens, including nuisance claims. The bill amending 29-12A-5 passed. It was assigned a bill number SB396.
HB2165 would create the crime of theft of rental, leased, leased-purchased, and loaned property. If a person fails to return the property or make arrangements acceptable to the owner within 72 hours of receiving proper notice, then the individual could be subject to fines or jail time, if convicted. The bill creates misdemeanor and felony offenses. It was advanced to the House Floor Monday.
Courts
Bill authorizes payment of fees & expenses, and Intermediate Court bill passes Senate Finance Committee
SB29 passed the Senate last year and would authorize the payment of fees and reimbursement of expenses of attorneys who participate on court teams or advisory bodies of specialty courts established by the Supreme Court of Appeals. Representatives from the Public Defender Services and the WV Supreme Court spoke in favor of the legislation. The Supreme Court representative stated that the legislation would be helpful to all treatment courts in WV, and particularly helpful for family treatment courts.
Intermediate Court of Appeals bill, SB275 was discussed by the Senate Finance committee Monday. The new court will cost $7.6 million a year to operate and sets annual salaries for judges was amended to $142,500, up from $130,000. There were a number of questions about the bill, and Minority Leader Stephen Baldwin commented on the failure of the Supreme Court to appear before the committee to respond to questions about the fiscal note.
Beyond the Dome
“We’ll have to raise a tax here and there,” Justice tells citizens about plan to cut income tax, but specifics remain a lagging indicator
Gov. Jim Justice took citizens questions about his proposal to phase out the state personal income tax — which brings in $2.5 billion a year for services like education and healthcare — and suggested getting there would be relatively painless.
“We’ll have to a raise a tax here and there,” Justice said during a Monday afternoon Town Hall.
The governor has described the broad outline of what he wants to do. But he has not put it in writing or a slideshow. No bill has been introduced yet. There are not even scribbles on a whiteboard.
To understand what the governor wants to do, you have to listen closely and put on your Justice translator. Even then you might be puzzled.
“Overall, we didn’t learn much new about the specifics of Justice’s proposal other than the fact that he really believes that eliminating the PIT is a panacea for his state,” said Ryan Maness, senior tax analyst at the state and local government relations company MultiState Associates.
The rest of Brad McElhinny’s story can be read here.
