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.