CHARLESTON, WV (LOOTPRESS) – The second day of the West Virginia Legislature’s June 2022 Interim Committee meetings got underway on Monday, and at 10:00am the Joint Committee on the Judiciary convened at the Senate Chamber to hear presentations on a number of issues including the WV Ethics Act, and WV Freedom of Information Act, among others.
This session began with a presentation on a draft interim bill pertaining to Chapter 46a Article 7 Section 111 – or the West Virginia Consumer Credit and Protection Act. Intended to protect consumers in the state from fraudulent practices, the act has driven Attorney General cases against a number of industries, including the opioid and tobacco industries.
The change proposed in Monday’s meeting would restrict the statute of limitations to 10 years from violation of the act, but would not be retroactive, meaning that it would have no bearing on existing cases.
Summer law clerks currently working with the House of Delegates presented on the West Virginia Freedom of Information Act, which applies to public records in the state. This presentation delineated details of the act, including the potential introduction of fees for the compilation of information if said compilation takes over one hour.
Also detailed were applicable penalties which may be applied to any custodian failing to fulfill Freedom of Information Act (FOIA) requests, and the effect on court costs and attorney fees in situations where an individual must take independent action following the denial of a public record request.
Finally, the third presentation discussed the West Virginia Ethics Act, which applies to all public servants in the State of West Virginia. Serving as a code of conduct for these public servants, the Ethics Act prohibits the intentional implementation of their role as a public servant for benefit in an unethical fashion. For example, one cannot seek employment from a vendor over which they have public control.
Created in 1999 as a means of enforcing the Ethics Act, the Ethics Commission has nine members who serve no more than two consecutive five-year terms.
The full 2022 June Interim Committee schedule can be found here, and more information on these sessions can be found at the West Virginia Legislature website here.