Senate Bill No. 134
(By Senator Deem)
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[Introduced January 20, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend article three, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen; and to amend article twelve, chapter eight of said code by adding thereto a new section, designated section twenty, all relating to counties and municipalities; and granting immunity to local government from civil liability in lawsuits.

Be it enacted by the Legislature of West Virginia:
That article three, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nineteen; and that article twelve, chapter eight of said code be amended by adding thereto a new section, designated section twenty, all to read as follows:

CHAPTER 7. COUNTY COMMISSIONS AND THEIR OFFICERS.
ARTICLE 3. COUNTY PROPERTY.

§7-3-19. Counties immune from suit and civil liability.

A county government or any of its subdivisions of the state of West Virginia shall never be made defendant in any court of law or equity, except the county, including any subdivision thereof, or any officer, agent, or employee thereof, may be made defendant in any garnishment or attachment proceeding, as garnishee or suggestee. This section, being necessary for the welfare and public requirements of the public of the several counties, it shall be liberally construed to effectuate the purpose thereof.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED

RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-20. Municipalities immune from suit and civil liability.
Municipalities of the state of West Virginia shall never be made defendant in any court of law or equity, except municipalities of the state of West Virginia, including any subdivision thereof, or any officer, agent, or employee thereof, may be made defendant in any garnishment or attachment proceeding, as garnishee or suggestee.

NOTE: The purpose of this bill is to make local government immune from civil liability and lawsuits.
§7-3-19 and §8-12-20 are new; therefore, strike-throughs and underscoring have been omitted.