WEST virginia Legislature

2017 regular session

Introduced

House Bill 2028

By Delegate Folk, Hanshaw, Shott, Butler, Dean, Fleischauer, Fluharty, McGeehan, Paynter, Martin and Wilson

[ Introduced February 8, 2017; Referred
to the Committee on the Judiciary]

A BILL to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to the venue for suits and other actions against the state; allowing a pro se plaintiff or petitioner to file a claim or petition against the state, a state officer, or state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose.

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) The following proceedings shall 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) 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.

(c) Notwithstanding the requirements of this section, an action or proceeding against the state, a state officer or state agency by or on behalf of a plaintiff or petitioner who is appearing in the action or proceeding pro se may be brought and prosecuted in the circuit court of any county wherein the plaintiff or petitioner resides or where the cause of action arose.

(d) This section shall apply only to such proceedings as are not prohibited by the Constitutional immunity of the state from suit under section thirty-five, article six of the Constitution of the State.

NOTE: The purpose of this bill is to allow a pro se plaintiff or petitioner to file a claim or petition against the state, a state officer, or state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.