|Online rafflesThe committee passed SB263 , which amends current law to enable charitable organizations to conduct online raffles to raise funds for their causes. Under current law, a raffle cannot be conducted online in West Virginia. (See H2C Blog Post from Sept. 2020– Charitable Raffles in West Virginia: Is it Time to Move Online?)
The committee amended SJR4 , which amends the West Virginia Constitution to remove a provision found in section 47 of Article 6 to authorize the incorporation of churches or religious denominations. The prohibition on churches being incorporated is found in only West Virginia and Virginia. The prohibition was found unconstitutional by a court several years ago. The amendment changes the phrase “religious denomination” to “religious institution” and was passed by the committee. The bill now goes to the full House.
Actions, Suits & Liens
SB673 allows for civil actions where a party’s principal place of business is in West Virginia, and the construction project is in West Virginia, may be brought in West Virginia for any construction contract entered into on or after July 1, 2021. Further, venue selection clauses in the construction contract mandating the action be brought outside West Virginia would be unenforceable. Arbitration proceedings mandating arbitration provisions for a construction contract entered into on or after July 1, 2021, would take place in West Virginia and, to the extent it requires arbitration to be conducted elsewhere, such provision is unenforceable .
The committee reported the bill to the full House with a recommendation that it pass.