ENROLLED
H. B. 4141
(By Delegates White and Webster)
[Passed March 5, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §55-17-3 of the Code of West Virginia,
1931, as amended, relating to reducing the number of written
status reports on a civil action against a state government
agency required to be provided by the chief officer of the
government agency.
Be it enacted by the Legislature of West Virginia:
That §55-17-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17. PROCEDURES FOR CERTAIN ACTIONS AGAINST THE STATE.
§55-17-3. Preliminary procedures; service on Attorney General;
notice to the Legislature.
(a)(1) Notwithstanding any provision of law to the contrary,
at least thirty days prior to the institution of an action against
a government agency, the complaining party or parties must provide
the chief officer of the government agency and the Attorney General written notice, by certified mail, return receipt requested, of the
alleged claim and the relief desired. Upon receipt, the chief
officer of the government agency shall forthwith forward a copy of
the notice to the President of the Senate and the Speaker of the
House of Delegates. The provisions of this subdivision do not
apply in actions seeking injunctive relief where the court finds
that irreparable harm would have occurred if the institution of the
action was delayed by the provisions of this subsection.
(2) The written notice to the chief officer of the government
agency and the Attorney General required by subdivision (1) of this
subsection is considered to be provided on the date of mailing of
the notice by certified mail, return receipt requested. If the
written notice is provided to the chief officer of the government
agency as required by subdivision (1) of this subsection, any
applicable statute of limitations is tolled for thirty days from
the date the notice is provided and, if received by the government
agency as evidenced by the return receipt of the certified mail,
for thirty days from the date of the returned receipt.
(3) A copy of any complaint filed in an action as defined in
section two of this article shall be served on the Attorney
General.
(b) (1) Notwithstanding any procedural rule or any provision
of this code to the contrary, in an action instituted against a
government agency that seeks a judgment, as defined in section two of this article, the chief officer of the government agency which
is named a party to the action shall, upon receipt of service,
forthwith give written notice thereof, together with a copy of the
complaint filed, to the President of the Senate and the Speaker of
the House of Delegates.
(2) Upon request, the chief officer of the government agency
shall furnish the President and Speaker with copies of pleadings
filed and discovery produced in the proceeding and other documents,
information and periodic reports relating to the proceeding as may
be requested.
(3) The chief officer of a government agency who fails without
good cause to comply with the provisions of this subsection is
guilty of misfeasance. This subsection does not require a notice
or report to the President and the Speaker that no action has been
instituted or is pending against a governmental agency during a
specified period.
(c) The requirements for notice and delivery of pleadings and
other documents to the President of the Senate or Speaker of the
House of Delegates pursuant to the provisions of this section do
not constitute a waiver of any Constitutional immunity or
protection that proscribes or limits actions, suits or proceedings
against the Legislature or the State of West Virginia.
(d) The exercise of authority granted by the provisions of
this section does not subject the Legislature or any member of the Legislature to any terms of a judgment.
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