The bill amends and reenacts section 18-2-25 of the Code of West Virginia, 1931, to establish new procedures for legal actions involving the West Virginia Secondary School Activities Commission. It requires that any party intending to file a claim against the Commission must provide a written notice at least 30 days prior to the action, which must be sent via certified mail to the Commission, the State School Board, and the Attorney General. This notice is considered given on the date of mailing, and the statute of limitations for the claim is tolled for 30 days from the notice date. However, this notice requirement does not apply to actions seeking injunctive relief if the court determines that irreparable harm would occur from a delay.
Additionally, the bill stipulates that any legal action involving the West Virginia Secondary School Activities Commission must be brought and prosecuted exclusively in the Circuit Court of Kanawha County, with an exception for cases involving students or the Kanawha County Board of Education, which may be filed in any other county in the state. These changes aim to streamline the process for claims against the Commission while ensuring that certain urgent matters can be addressed without delay.
Statutes affected: Introduced Version: 18-2-25
Committee Substitute: 18-2-25
Committee Substitute for the Committee Substitute: 18-2-25
Engrossed Committee Substitute for the Committee Substitute: 18-2-25