ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 107
(Senator Chafin, original sponsor)
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[Passed March 10, 2006; in effect ninety days from passage.]
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AN ACT to amend and reenact §14-2-2 of the Code of West Virginia,
1931, as amended, relating to venue in actions and proceedings
against the state; and authorizing civil actions against the
state to be filed in the county in which the cause of action
arose where the recovery being sought is limited to the
coverage available under the state's liability insurance
policy
.
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)
Except as provided in subsection (b) of this section,
the
following proceedings shall only be brought and prosecuted 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.

(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) The following proceedings shall be filed as hereafter
provided:

(1) 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.

(2) Any civil action in which the Governor, any other state
officer or a state agency is made a party defendant and recovery is
being sought only to the extent of the applicable state liability
insurance coverage, may be brought in or transferred to the circuit
court of the county wherein the cause of action arose along with
any related claims arising out of the same transaction or
occurrence. The parties may agree that such an action can be
adjudicated in the circuit court of Kanawha County.

The provisions of this section shall not be construed to in
any way limit
the constitutional immunity of the state from suit
under section thirty-five, article VI of the Constitution of the
state.