CHARLESTON, W.Va. -- Circuit courts in more populous areas of the state could set up business courts under a proposal approved by state senators Wednesday, after concerns some senators had about the cost of the new court systems were allayed.

The bill (HB4352) was approved on a 32-0 vote.

Senate Judiciary Chairman Jeff Kessler, D-Marshall, said he believes circuit courts can set up business court divisions at nominal cost, using existing courthouse personnel and facilities.

"I don't see that it's going to create new staffing or new courthouses to be built," Kessler said after the vote.

He said it could even create new revenue, if it helps end what he called the unfair perception among some business people that West Virginia is a "judicial hellhole," as the U.S. Chamber of Commerce has repeatedly labeled the state.

The bill's chances were in doubt after the state Supreme Court estimated the cost of operating business courts at $1.25 million a year.

Those figures included $200,000 a year in rent, $500,000 for payments to special commissioners, $200,000 for specialized court education, and $250,000 for a court manager and support staff.

Kessler said he didn't understand why the court had estimated such high costs, unless it was assuming that business courts were mandated statewide.

"I think it's a worst-case scenario," he said of the estimate.

Kessler noted that larger circuits often delineate duties among judges. For instance, a judge or judges might hear the majority of drug cases.

 "Judges who have a penchant for these issues would be able to take them on," he said of the business court designation.

On the Senate floor Wednesday, Kessler went to lengths to assure Senate Finance Chairman Walt Helmick, D-Pocahontas, and other senators that the bill would not carry a price tag of more than $1 million.

"You're assuring me we're not putting an additional burden on the judicial system in terms of money?" asked Helmick, whose committee has quashed bills imposing any new fees or taxes this session -- including killing legislation last week to create an intermediate appeals court in the state.

Helmick noted that the proposed 2010-11 state budget includes $118 million to operate the judicial branch of government, and said he did not want to see that figure grow to $120 million.

As drafted, the bill simply allows circuit courts in districts with more than 60,000 residents to opt to create a business court division, to hear technical commercial issues and disputes between businesses.

In the House, the bill had been championed by Speaker Rick Thompson, D-Wayne, who noted that at least 15 other states operate business courts, including neighboring Ohio, Pennsylvania and Maryland.

 "I believe this change will go a long way in improving both our court system's efficiency and the state's business climate," Thompson said in a statement Wednesday.

Because the Judiciary Committee made one minor change in a definition in the bill, it has to go back to the House for concurrence before going to the governor.

Also Wednesday, the Senate:

Passed 33-0 and returned to the House a bill (HB4534) to increase penalties for knowingly fleeing the scene without rendering aid of an auto accident resulting in injury or death. The bill increases the penalty for a driver leaving an accident resulting in death from the current 1-to 3-year sentence to 3  to 5 years in prison.

Passed 33-0 the 2010-11 budget bill (SB213), a prerequisite to get the bill into a House-Senate conference committee before the regular session ends at midnight Saturday.

The conferees will spend the next week in extended session working out the particulars of the spending plan, which will allocate a total of $13.1 billion in tax revenue, special revenue, state Lottery profits and federal funds to run the state in the next budget year.

Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.