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Introduced Version Senate Bill 542 History

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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 accidents.

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:
§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 circuit court.
(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 State.

(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 be added.



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".

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