COMMITTEE SUBSTITUTE
FOR
H. B. 3097
(By Delegates Craig, Leach, Morgan, Smirl,
Beach and Amores)
(Originating in the Committee on the Judiciary)
[February 2, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §14-2-2a, relating to
prescribing proper venue in suits involving West Virginia
University or Marshall University.
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 §14-2-2a, to read as
follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-2a. Venue for suits and actions involving West Virginia
University and Marshall University.
(a) Notwithstanding the provisions of section two of this
article, any civil action in which the West Virginia University
board of governors, West Virginia University, the West Virginia
University Medical School, or any department or office of any of
those entities, or any officer, employee, agent, intern or resident
of any of those entities, acting within the scope of his or her employment, is made a party defendant, shall be brought in the
circuit court of any county wherein the cause of action arose,
unless otherwise agreed by the parties.
(b) Notwithstanding the provisions of section two of this
article, any civil action in which Marshall University board of
governors, Marshall University, the Marshall University School of
Medicine or any department or office of any of those entities, or
any officer, employee, agent, intern or resident of any of those
entities, acting within the scope of his or her employment, is made
a party defendant, shall be brought in the circuit court of any
county wherein the cause of action arose, unless otherwise agreed
by the parties.
(c) The exclusive venue provisions of this section are not
applicable to:
(1) An action involving an entity or person named in
subsections (a) or (b) of this section as garnishee or suggestee;
and
(2) A proceeding for injunctive or mandamus relief involving
the taking, title, or collection for or prevention of damage to
real property, and where general laws or court rules provide that
proper venue is in the county in which the real property affected
is situate.
(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 VI of the constitution of
the state.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
