Senate Bill No. 542
(By Senator Chafin)
[Introduced March 15, 2005; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
A BILL to amend and reenact §14-2-2 of the Code of West Virginia,
1931, as amended, relating to
providing an exception to the
requirement that actions in which the state is a party be
brought Kanawha County for suits involving motor vehicle
Be it enacted by the Legislature of West Virginia:
That §14-2-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-2. Venue for certain suits and actions.
(a) The following proceedings, shall be brought and prosecuted
only in the circuit court of Kanawha County:
(1) Any suit in which the Governor, any other state officer,
or a state agency is made a party defendant, except as garnishee or
suggestee, or accidents involving motor vehicles.
(2) Any suit attempting to enjoin or otherwise suspend or
affect a judgment or decree on behalf of the state obtained in any
(b) Any proceeding for injunctive or mandamus relief involving
the taking, title, or collection for or prevention of damage to
real property may be brought and presented in the circuit court of
the county in which the real property affected is situate.
This section shall apply only to such proceedings as are not
prohibited by the constitutional immunity of the state from suit
under section thirty-five, article VI of the Constitution of the
(NOTE: The purpose of this bill is to allow suits against the
state involving motor vehicle accidents to be brought in counties
other than Kanawha County.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
JUDICIARY COMMITTEE AMENDMENT
On page one, section two, line twenty-four, after the word
"suggestee" by changing the comma to a colon and inserting the
words "Provided, That, a proceeding arising out of an accident
involving motor vehicles may also be brought in the county in which
the accident occurred";
On page one, section two, line twenty-four, by striking out
the words "or accidents involving motor vehicles".