Notice of settlement/seizure
H. B. 104
(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
[Introduced March 16, 2008.]
A BILL 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, its
departments, agencies, political subdivisions or officers;
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
statutory construction of 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, and its departments, agencies, institutions, officers,
and political subdivisions 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 any of its
departments, agencies, institutions, officers, employees or
political subdivisions which may result in a judgment, award or
settlement and when any department, agency, institution, officer or
political subdivision may become 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) 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.
(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 any of its departments, agencies, institutions, officers or
political subdivisions 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 Speaker of the
House of Delegates.
(b) When any department, agency, institution, officer or
political subdivision 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
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.
NOTE: The purpose of this bill is to require notice to the
Governor, Secretary of the Department of Administration and the
Legislature when such actions are filed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added. Section 55-17-6 is new; therefore, strike-throughs and
underscoring have been omitted.
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