WEST VIRGINIA LAW INSTITUTE

GOVERNING COUNCIL

MINUTES

Meeting of September 26, 2016

1. The Governing Council of the West Virginia Law Institute met on September 26, 2016, in the Highland Conference Room of the West Virginia University College of Law in Morgantown. The meeting was called to order and chaired by President Scott Curnutte. Also in attendance or participating by phone were Council members Law School Dean Greg Bowman, Vince Cardi, Edward George, Matt Harvey, Judge Gary Johnson, Brandon Johnson, Chad Love, John Meghee, Jr., Meshea Poore, Will Rhee, Delegate John Shott, Jessica Solarik, Senator Charles Trump, John Wallace, William Winfrey, William Wooton, Director/Secretary Robert Bastress, and Council Assistant Anna Dewitt.

2. William Wooton moved, and Chad Love seconded, the approval of the minutes of the Council's March 15, 2016, meeting. The motion carried.

3. Director Bastress reported that the Institute has about $22,360 remaining in its account.

4. Director Bastress reported on the status of the following research projects:

A. The survey of state Administrative Procedure Acts has been completed and will be submitted to the Legislature upon completion of a summary page.

B. The research on redistricting has been completed, including a survey of the fifty states' methods and a canvassing of the secondary literature and the case law. Director Bastress will use the research to prepare a report to be delivered to the Legislature and for publication.

C. The landlord-tenant project has completed its comparison of the proposed Uniform Landlord Tenant Act with West Virginia's current laws. That comparison, the Uniform Act, and a proposal that the Institute had drafted about ten years ago will be submitted to the Legislature along with a yet-to-be-drafted summary sheet. The most significant changes would be to provide greater definition to the warranty of habitability, to limit landlord self-help measures, to require notice by landlords prior to entry (except in cases of emergency), and to create protections for both landlords and tenants for when criminal acts occur on the rented property.

D. Work on the revision of the Legislature's Bill Drafting Manual has progressed. The student reports that the majority of the content is completed. She is working closely with W.V.U. Professor David Hardesty, who teaches the College of Law's Legislation course. Once the draft is done, an index will need to be prepared.

E. The Council has completed its survey of partition suit statutes in the energy states. Some editing needs to be done. When that occurs, the report will be submitted to the Legislature.

F. As reported at the March meeting, the Council completed its research into possible implications under the federal Constitution's Commerce Clause of several proposals for how to address continuing turnpike tolls after 2019, when the turnpike bonds will be paid off. The council prepared and distributed to legislators a memorandum on the issues. The update is that, according to reports, the Council's work was being used in drafting bill proposals.

G. The research project on probate reform is moving forward, after a delayed start. The student working on the project is creating a chart comparing West Virginia's current probate laws with the provisions of the Uniform Probate Code. That step is necessary because the State's laws are scattered throughout several different chapters of the Code. The student is working with John Allevato and Chris Winton, the Chair and Vice-Chair of the State Bar's Probate Committee.

5. The Council conducted election of officers for the next year. Upon the motions of Judge Johnson and the seconds of several members, the Council reelected Director Bastress as Secretary and Scott Curnutte as President.

6. There was no other new business.

7. The Council set its next meeting in Charleston for the budget week following the end of the Legislative Session in April and assigned Director to set the exact time and place of the meeting. Since then, Director Bastress has arranged for the Council to meet at the State Bar Office at noon on Wednesday, April 12, 2017.

8. The meeting was adjourned.