ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4352

(By Delegates Miley, Fleischauer, Brown,

Frazier, Hunt, Manchin, Michael, Moore,

Wooton, Hamilton and Ellem)


[Passed March 11, 2010; in effect ninety days from passage.]


AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-2-15, relating to the establishment of a Business Court Division within West Virginia's circuit court districts by the West Virginia Supreme Court of Appeals; legislative findings; authorizing the designation of Business Court Divisions within certain circuit court districts; providing for the promulgation of appropriate rules of the Court.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-2-15, to read as follows:
ARTICLE 10. FILLING VACANCIES.
§51-2-15. Business Court Division.
(a) The West Virginia Legislature finds that, due to the complex nature of litigation involving highly technical commercial issues, there is a need for a separate and specialized court docket to be maintained in West Virginia's most populated circuit court districts with specific jurisdiction over actions involving such commercial issues and disputes between businesses.
(b) The West Virginia Supreme Court of Appeals is authorized to designate a business court division within the circuit court of any judicial district with a population in excess of sixty thousand according to the 2000 Federal Decennial Census.
(c) Upon the determination to designate business court divisions, the West Virginia Supreme Court of Appeals shall promulgate rules for the establishment and jurisdiction of the business court divisions within its circuit court system.