H. B. 3097


(By Delegates Craig, Leach, Morgan, Smirl,
Beach and Amores)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary.]



A BILL to amend article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two-a, relating to prescribing proper venue in civil actions involving West Virginia University and Marshall University.

Be it enacted by the Legislature of West Virginia:
That article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section two-a, to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-2. Venue for suits and actions involving West Virginia University and Marshall University.

(a) Notwithstanding the provisions of section two of this article, proper venue, unless otherwise agreed by the parties, in any action involving the West Virginia University Board of Governors, West Virginia University, the West Virginia University Medical School, or any department or office of any of those entities, or any officer, employee, agent, student, intern or resident of any of those entities, who was acting within the scope of his or her employment, shall exclusively lie in Monongalia County.
(b) Notwithstanding the provisions of section two of this article, proper venue, unless otherwise agreed by the parties, in any action involving the Marshall University Board of Governors, Marshall University, the Marshall University School of Medicine or any department or office of any of those entities, or any officer, employee, agent, student, intern or resident of any of those entities, who was acting within the scope of his or her employment, shall exclusively lie in Cabell County.



NOTE: The purpose of this bill is to provide that proper venue in actions involving WVU exists in Monongalia County and in actions involving Marshall University, proper venue exists in Cabell County.

This section is new; therefore, strike-throughs and underscoring have been omitted.