HOUSE CONCURRENT RESOLUTION NO. 86

(Delegates Craig, Amores, Hartman, Cann, Michael, Varner, Armstead, Carmichael, Kominar, Howard and Hamilton)




Requesting the Joint Committee on Government and Finance to study the creation of business court system in West Virginia.

WHEREAS, A business court system can efficiently facilitate litigation and resolve business disputes in West Virginia;
WHEREAS, A business court system seeks to improve the quality of decisions made in business litigation by enhancing the consistency, predictability and accuracy of the application of business law to specific disputes;
WHEREAS, A business court system will consist of business dockets, divisions, or programs within existing trial level courts;
WHEREAS, A business court system will not be a separate court system, but will be comparable to civil, criminal, family, or other court systems that exist in West Virginia's court system;
WHEREAS, A business court system generally does not require new funding or additional resources by merely reallocating case loads among existing judges;
WHEREAS, a court that exclusively and consistently hears business, corporate and other commercial disputes will develop expertise, experience and knowledge enabling it to operate more efficiently;
WHEREAS, States with a business court system report that they have successfully used business courts to persuade businesses to locate or remain in those states;
WHEREAS, The establishment of a business court system will be an important factor in helping the State of West Virginia attract new businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study and make recommendations whether West Virginia should establish a business court system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, two thousand seven, on its findings, conclusions and recommendations, together with the drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.