By Autumn Shelton, West Virginia Press Association
CHARLESTON, W.Va. – The House Committee on the Judiciary advanced seven bills on Monday, ranging from enhanced damages for nonpayment of royalty fees to one that would require digital identification age verification to access pornographic websites.
The first bill discussed was HB 4292, which would provide for enhanced damages for nonpayment of royalties from oil, natural gas or natural gas liquids production.
As discussed during the meeting, this bill only applies to conventional vertical wells and provides that any lessee or operator of wells, or their successors, that fails to provide payment within six months after it becomes due will be liable “in an amount equal to three times the market value or the extracted minerals for which payments is due.”
Charlie Burd, president of the Gas and Oil Association of West Virginia, was present for testimony.
“These leases, over time, can become extraordinarily convoluted,” Burd explained, noting that once the original lease owner passes away, the royalty payments often become distributed to that person’s descendants.
“One turns to two, to four, to six, to twenty, to forty. […] This is the reality that we face on leases,” Burd said.
In response to questioning, Burd stated that years ago, many of the drilling companies were smaller. Since that time, many of the companies have merged or have been acquired.
“I would say that the potential that the company you might have had an original lease with would now be under the auspices of a new company,” Burd continued, adding that sales transactions records are kept at local courthouses, and people are able to trace royalty rights by referring to those records.
“There are over 800 bonded operators in the state, and we don’t represent them all – they are not all members – but we in no way would want anyone to willfully not pay their royalties,” Burd said.
This bill is now headed to the full House for possible approval.
Next, the committee advanced HB 4867, which would require companies with more than one-third of pornographic material on their website to utilize state sponsored digital age verification methods, such as a driver’s license, in order to prevent minors from viewing “harmful” content.
According to the bill, “material harmful to minors” is defined as “any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.”
Commercial entities that “knowingly and intentionally” publish material in violation of this bill “shall be liable to an individual for damages.”
This would not affect any “bona fide news or public interest broadcast website video, report, or event and shall not be construed to affect the rights of a news-gathering organization,” the bill states.
The bill also states that commercial entities “shall not retain any identifying information of the individual after access has been granted to the material.”
After an amendment was made changing some language, the bill was moved to the full House for their consideration.
The committee then took up discussion on HB 4940.
HB 4940 clarifies existing code that squatters, defined as those “occupying an abandoned or unused property without the owner’s permission” may not be considered a tenant.
As explained during the meeting, members of law enforcement may immediately remove the squatter from the property.
This bill is also headed to the full House for consideration.
Next, the committee advanced HB 4965, which mandates restitution to children of victims of negligent homicide or driving under the influence causing death.
The bill states, “the court shall determine an amount to be paid monthly for the support of the child until the child reaches 18 years of age,” and provides judges with more discretion in cases involving negligent homicide.
Following an amendment clarifying language involving school enrollment, the bill was advanced to the full House.
The committee next advanced HB 4998, which would modify the penalty for third offense shoplifting and allow a judge to determine if the defendant should be eligible for probation, instead of serving a mandatory one year imprisonment.
The final two bills advanced to the full House were HB 5016, which would formally allow female inmates to work on road crews, and HB 5096, which would allow public service districts to save money by not being required to post two separate public notices at the state and federal level.
Lastly, two bills HB 4831, relating to catalytic converters, and HB 5060, which would create a partisan election for county board of education members were removed from the agenda.
