WEST virginia legislature

2017 regular session

Introduced

Senate Bill 512

By Senators Romano, Facemire, Jeffries, Miller and Ojeda

[Introduced March 3, 2017; Referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22B-1-7a; and to amend said code by adding thereto a new section, designated §24-1-7a, all relating to requiring disclosure of attorney source payment in certain administrative hearings; requiring a person involved in a proceeding before the environmental boards to disclose who is paying the person’s attorney’s fees; and requiring a person involved in a proceeding before the Public Service Commission to disclose who is paying the person’s attorney’s fees.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §22B-1-7a; and that said code be amended by adding thereto a new section, designated §24-1-7a, all to read as follows:

CHAPTER 22B. ENVIRONMENTAL BOARDS.

ARTICLE 1. GENERAL POLICY AND PURPOSE.

§22B-1-7a. Disclosure of attorney source payment.

Any person involved in a proceeding before the boards, as an appellant, intervenor or other interested party, that files a document with the board prepared by an attorney or attorneys shall disclose whether the attorney or attorneys are being paid for by someone other than the person involved in the proceeding and, if so, who is paying for the person’s attorney or attorneys in the proceeding.

CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 1. GENERAL PROVISIONS.

§24-1-7a. Disclosure of attorney source payment.

Any person involved in a proceeding before the commission, as an appellant, intervenor or other interested party, that files a document with the commission prepared by an attorney or attorneys shall disclose whether the attorney or attorneys are being paid for by someone other than the person involved in the proceeding and, if so, who is paying for the person’s attorney or attorneys in the proceeding.

NOTE: The purpose of this bill is to ensure attorney source payment is disclosed in certain hearings to provide full information regarding the interests at stake.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.