February 16, 2007

After several hours of discussion and debate, the House of Delegates on Friday adopted a bill that would allow voters in the four counties hosting racetracks to decide whether to allow table games. The bill next goes to the Senate, where I expect it will be referred to at least two committees.

I have said all along that I have certain concerns regarding how the revenue the state receives from table gaming is allocated, and I’m pleased to report that the House bill (2718) addresses mine. I believe that no revenue should be tied to long-term needs, and that we should allocate a portion toward further reducing the state’s debt. This bill does just that. In fact, 79 percent of the state’s share would go toward debt reduction.

I’ll keep you posted on the bill’s progress.

While the table games bill certainly drew most of the attention, the House passed 30 other bills this week. The following are some of the more interesting ones:

* HB2801 would provide a $50,000 death benefit to the families or designated beneficiary of firefighters and EMS personnel who are killed in the performance of their duties. The recent explosion at Ghent was a reminder that our firefighters and EMS workers risk their lives every day to protect and serve their communities. This bill would be retroactive to the first day of this year, so the families of those killed at Ghent would benefit.

* SB 205 clarifies that a respondent to a domestic violence order is in violation of that order if he threatens the petitioner or minor children even if he does so by leaving a phone message or other means in which he is not physically in the presence of the petitioner or minor children.

* HB2745 would increase the fine for persons convicted of knowingly buying, giving or furnishing alcohol to a person under the age of 21 to whom he or she is not related by blood or marriage. Currently, the penalty for a violation of the subsection is a not to exceed $100 and/or up to 10 days in jail. The bill increases the possible fine to $250.

* HB2825 would rid the state code of a provision that has allowed segregated private clubs on the basis of race or color to obtain liquor licenses.

Current law does not allow private clubs to obtain license to sell alcohol unless the private club falls under a certain definition that includes any corporation or unincorporated association, which belongs to a nationally recognized fraternal or veterans organization, a nonprofit social club, or a club that the general public is not admitted. This bill would strike the language that allowed private clubs that fall under that definition to sell alcohol if they segregated on the basis of race or color.

* House Bill 2956 is what some might call a "tort reform" bill, in that it make West Virginia’s court system more effective. It would correct a subsection of the state code which was recently found to be unconstitutional, and codify a common law doctrine that would give courts the discretion to decline exercising jurisdiction over certain cases where the underlying principles of justice and convenience favor dismissal.

Basically, the change would permit defendants to request to move lawsuits elsewhere. This could reduced the number of class-action lawsuits from out-of-state residents while still giving plaintiffs their full rights. Many business representatives have maintained that out-of-state plaintiffs use West Virginia courts in West Virginia to obtain large judgments in class action lawsuits.

I welcome and appreciate your input on these or any other legislative issues. Write to House Majority Leader Joe DeLong, Building 1, Room 228-M, 1900 Kanawha Blvd. E., Charleston, 25305, or joe@joedelong.com, or call 304-340-3220.