COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 107
(By Senator Chafin)
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[Originating in the Committee on the Judiciary;
reported February 1, 2006.]
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A BILL 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 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.
(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:
(b)(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 sounding in tort 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 the circuit
court of the county wherein the cause of action arose. The parties
may agree that such an action can be adjudicated in the circuit
court of Kanawha County.
The provisions of this section shall apply only to such
proceedings as are not prohibited by 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.
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(NOTE: The purpose of this bill is to codify judicial
precedent, i.e., Pittsburgh Elevator Co. v. W.Va. Bd. of Regents,
172 W. Va. 743, 310 S.E.2d 675 (1983), and subsequent opinions,
that permit tort actions against the state to be filed in the county in which the cause of action arose,
to the extent coverage
is available under the state's liability insurance policy.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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FINANCE COMMITTEE AMENDMENTS
On page two, section two, line twelve, after the word action,
by striking out the words "sounding in tort";
And,
On page two, section two, line fifteen, after the word "in" by
adding the words "or transferred to".