WV HB4268 | 2018 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 11-0)
Status: Passed on April 16 2018 - 100% progression
Action: 2018-04-16 - Chapter 149, Acts, Regular Session, 2018
Text: Latest bill text (Enrolled) [HTML]
Spectrum: Partisan Bill (Republican 11-0)
Status: Passed on April 16 2018 - 100% progression
Action: 2018-04-16 - Chapter 149, Acts, Regular Session, 2018
Text: Latest bill text (Enrolled) [HTML]
Summary
The purpose of this bill is to provide an exception to waste and trespass for certain oil and natural gas use and development to encourage the efficient economic development of oil and natural gas resources. The bill provides that use and development of oil and gas mineral property that has been consented to by three fourths of the oil and gas owners is permissible, is not waste, and is not a trespass. The bill provides that cotenants and operators are not liable for damages for the development and use of the property if they pay nonconsenting cotenants in accordance with either of two defined options and report and reserve interests for unknown or unlocatable tenants. The bill provides a method to determine certain leasehold and contractual terms, including review and determination by the Oil and Gas Conservation Commission in limited circumstances. The bill provides for the creation of a fund to accept deposits of reserved interests for unknown or unlocatable cotenants which is administered by the State Treasurer as provided and in conjunction with the Uniform Unclaimed Property Act. The bill provides that after a specified time, the administrator may transfer the unclaimed funds to the Oil and Gas Reclamation Fund for the plugging of oil and gas wells. The bill provides for penalties for noncompliance as part of the Uniform Unclaimed Property Act and provides for rule making authority by the State Treasurer regarding the created fund and by the Oil and Gas Conservation Commission. The bill provides certain protections for surface owners where oil and natural gas are owned by a nonconsenting cotenant and provides liability protection for nonconsenting cotenants with respect to development of oil and natural gas. Finally, the bill provides that its provisions are severable.
Title
Co-tenancy Modernization and Majority Protection Act
Sponsors
Roll Calls
2018-03-05 - House - Passed House (Roll No. 302) (Y: 58 N: 41 NV: 1 Abs: 0) [PASS]
2018-03-03 - Senate - Passed Senate (Roll No. 313) (Y: 23 N: 11 NV: 0 Abs: 0) [PASS]
2018-03-02 - Senate - Romano Floor amendments #2 rejected (Roll No. 298) (Y: 10 N: 22 NV: 0 Abs: 2) [FAIL]
2018-03-02 - Senate - Romano Floor amendment #3 rejected (Roll No. 297) (Y: 14 N: 18 NV: 0 Abs: 2) [FAIL]
2018-02-15 - House - Passed House (Roll No. 117) (Y: 57 N: 37 NV: 0 Abs: 0) [PASS]
2018-02-14 - House - Amendment rejected (Roll No. 108) (Y: 38 N: 57 NV: 5 Abs: 0) [FAIL]
2018-02-14 - House - Amendment adopted (Roll No. 107) (Y: 90 N: 5 NV: 5 Abs: 0) [PASS]
2018-02-14 - House - Amendment adopted (Roll No. 106) (Y: 90 N: 6 NV: 4 Abs: 0) [PASS]
2018-02-14 - House - Amendment adopted (Roll No. 105) (Y: 50 N: 47 NV: 3 Abs: 0) [PASS]
2018-02-14 - House - Amendment rejected (Roll No. 104) (Y: 40 N: 57 NV: 3 Abs: 0) [FAIL]
2018-03-03 - Senate - Passed Senate (Roll No. 313) (Y: 23 N: 11 NV: 0 Abs: 0) [PASS]
2018-03-02 - Senate - Romano Floor amendments #2 rejected (Roll No. 298) (Y: 10 N: 22 NV: 0 Abs: 2) [FAIL]
2018-03-02 - Senate - Romano Floor amendment #3 rejected (Roll No. 297) (Y: 14 N: 18 NV: 0 Abs: 2) [FAIL]
2018-02-15 - House - Passed House (Roll No. 117) (Y: 57 N: 37 NV: 0 Abs: 0) [PASS]
2018-02-14 - House - Amendment rejected (Roll No. 108) (Y: 38 N: 57 NV: 5 Abs: 0) [FAIL]
2018-02-14 - House - Amendment adopted (Roll No. 107) (Y: 90 N: 5 NV: 5 Abs: 0) [PASS]
2018-02-14 - House - Amendment adopted (Roll No. 106) (Y: 90 N: 6 NV: 4 Abs: 0) [PASS]
2018-02-14 - House - Amendment adopted (Roll No. 105) (Y: 50 N: 47 NV: 3 Abs: 0) [PASS]
2018-02-14 - House - Amendment rejected (Roll No. 104) (Y: 40 N: 57 NV: 3 Abs: 0) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2018-04-16 | House | Chapter 149, Acts, Regular Session, 2018 |
| 2018-03-09 | House | Approved by Governor 3/9/18 |
| 2018-03-10 | House | Approved by Governor 3/9/18 - House Journal |
| 2018-03-09 | Senate | Approved by Governor 3/9/18 - Senate Journal |
| 2018-03-06 | House | To Governor 3/6/18 - House Journal |
| 2018-03-06 | House | To Governor 3/6/18 |
| 2018-03-06 | Senate | To Governor 3/6/18 - Senate Journal |
| 2018-03-06 | Senate | House Message received |
| 2018-03-05 | House | Completed legislative action |
| 2018-03-05 | House | Communicated to Senate |
| 2018-03-05 | House | Passed House (Roll No. 302) |
| 2018-03-05 | House | House concurred in Senate title amendment |
| 2018-03-05 | House | House received Senate message |
| 2018-03-03 | Senate | Senate requests House to concur |
| 2018-03-03 | Senate | Floor Title amendment adopted |
| 2018-03-03 | Senate | Judiciary Title amendment withdrawn (Voice vote) |
| 2018-03-03 | Senate | Passed Senate (Roll No. 313) |
| 2018-03-03 | Senate | Read 3rd time |
| 2018-03-03 | Senate | On 3rd reading |
| 2018-03-02 | Senate | Romano Floor amendments #2 rejected (Roll No. 298) |
| 2018-03-02 | Senate | Romano Floor amendment #3 rejected (Roll No. 297) |
| 2018-03-02 | Senate | Romano Floor amendment #1 withdrawn by unanimous consent |
| 2018-03-02 | Senate | Ojeda Floor amendment rejected (Voice vote) |
| 2018-03-02 | Senate | Read 2nd time |
| 2018-03-02 | Senate | On 2nd reading |
| 2018-03-01 | Senate | Read 1st time |
| 2018-03-01 | Senate | On 1st reading |
| 2018-02-28 | Senate | Reported do pass, with title amendment |
| 2018-02-21 | Senate | To Judiciary |
| 2018-02-21 | Senate | Reported do pass, but first to Judiciary |
| 2018-02-16 | Senate | To Energy, Industry and Mining |
| 2018-02-16 | Senate | To Energy, Industry and Mining then Judiciary |
| 2018-02-16 | Senate | Introduced in Senate |
| 2018-02-16 | Senate | House Message received |
| 2018-02-15 | House | Communicated to Senate |
| 2018-02-15 | House | Passed House (Roll No. 117) |
| 2018-02-15 | House | Read 3rd time |
| 2018-02-15 | House | On 3rd reading, Special Calendar |
| 2018-02-14 | House | Amendment rejected (Roll No. 108) |
| 2018-02-14 | House | Amendment adopted (Roll No. 107) |
| 2018-02-14 | House | Amendment withdrawn (Voice vote) |
| 2018-02-14 | House | Amendment adopted (Roll No. 106) |
| 2018-02-14 | House | Amendment adopted (Roll No. 105) |
| 2018-02-14 | House | Amendment rejected (Roll No. 104) |
| 2018-02-14 | House | Amendment adopted (Voice vote) |
| 2018-02-14 | House | Read 2nd time |
| 2018-02-14 | House | On 2nd reading, Special Calendar |
| 2018-02-13 | House | Read 1st time |
| 2018-02-13 | House | On 1st reading, Special Calendar |
| 2018-02-12 | House | By substitute, do pass |
| 2018-01-31 | House | To House Judiciary |
| 2018-01-31 | House | With amendment, do pass, but first to Judiciary |
| 2018-01-24 | House | To House Energy |
| 2018-01-24 | House | Introduced in House |
| 2018-01-24 | House | To Energy then Judiciary |
| 2018-01-24 | House | Filed for introduction |
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 22C | 9 | 3 | Amended Code | Citation Text |
| 22C | 9 | 4 | Amended Code | Citation Text |
| 37 | 7 | 2 | Amended Code | Citation Text |
| 37B | 1 | 1 | New Code | See Bill Text |
| 37B | 1 | 2 | New Code | See Bill Text |
| 37B | 1 | 3 | New Code | See Bill Text |
| 37B | 1 | 4 | New Code | See Bill Text |
| 37B | 1 | 5 | New Code | See Bill Text |
| 37B | 1 | 6 | New Code | See Bill Text |
| 37B | 1 | 7 | New Code | See Bill Text |
| 37B | 2 | 1 | New Code | See Bill Text |
| 37B | 2 | 2 | New Code | See Bill Text |
| 37B | 2 | 3 | New Code | See Bill Text |
| 37B | 2 | 4 | New Code | See Bill Text |
| 37B | 2 | 5 | New Code | See Bill Text |
| 37B | 2 | 6 | New Code | See Bill Text |
| 37B | 2 | 7 | New Code | See Bill Text |
| 37B | 2 | 8 | New Code | See Bill Text |
| 37B | 2 | 9 | New Code | See Bill Text |
