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2007 SUMMARY OF NEW STATE LAWS - WEST VIRGINIA

West Virginia State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2051

181

Motor vehicle insurance - traffic offenses

Relating to including lasers as a method of proving the speed of vehicles. Effective: June 8, 2007.

HB 2206

78

Property insurance

Relating to protection of registered dogs; prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog, or turning off a radio transmitting collar without the permission of the owner; providing for limited exceptions thereto; and establishing related penalties. Effective: June 8, 2007.

HB 2481

179

Motor vehicle insurance -- miscellaneous

Relating to registration fees for vehicles and allowing a registrant to transfer the registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant. Effective: June 8, 2007.

HB 2544

84

Motor vehicle insurance - traffic offenses

Relating to increasing the penalty for conviction of the offense of driving under the influence causing death. Effective: June 8, 2007.

HB 2575

41

Motor vehicle insurance - commercial auto

Relating to commercial driver's licenses; updating the definition of hazardous materials; reducing the penalty for driving a commercial motor vehicle without a commercial driver's license in possession; reducing the penalty for driving a commercial motor vehicle without a commercial driver's license or proper endorsement; updating provisions pertaining to commercial driver's licenses to conform with federal law; suspending, revoking or canceling the privilege of operating a motor vehicle for offenses in another state; and providing a civil penalty for persons convicted of violating an out-of-service order. Effective: June 7, 2007.

HB 2763

138

State regulation

Relating to financial examinations of insurers; eliminating the exclusion of certain assets in the determination of the financial condition of insurers; defining term; prohibiting use of indemnification agreements by accountants performing certain audits; and permitting mediation or arbitration agreements in certain circumstances. Effective: June 8, 2007.

HB 2764

139

Producer licensing - licensing requirements

Relating to criminal history checks for applicants for insurance producer licenses; defining terms; authorizing Insurance Commissioner to establish and collect fees; requiring applicants to submit fingerprints; requiring the Insurance Commission to transmit fingerprints to the State Police and Federal Bureau of Investigation; requiring certain records be confidential; exempting certain information from disclosure pursuant to subpoena or discovery; and authorizing Insurance Commissioner to promulgate emergency rules. Effective: June 8, 2007.

SB 76

34

Motor vehicle insurance - traffic offenses

Sets out particular penalties for underage drinking and driving. Effective: July 1, 2007.

SB 121

21

Military personnel insurance related legislation

Tolling state licensure or registration requirements for active duty military personnel. Effective: June 8, 2007.

SB 169

176

Motor vehicle insurance - salvage title

Relating to salvage certificates for certain wrecked vehicles; allowing vehicle owners to retain certain vehicles declared totaled; requiring the surrender of title and registration certificate; eliminating the special revenue account; increasing criminal penalties; and clarifying certain definitions. Effective: May 28, 2007.

SB 194

11

Tort reform -- bonds

Limits bond amounts; consolidates multiple judgments for bonding purposes; and provides exceptions to bonding limitations. Effective: June 8, 2007.

SB 381

136

Fraud

Clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commissioner to investigate fraud relating to the Public Employees Insurance Agency and to present criminal complaints directly to a magistrate; modifying the threshold for certain criminal penalties; and extending the statute of limitations for certain misdemeanors involving insurance fraud. Effective: June 8, 2007.

SB 398

175

Motor vehicle insurance - commercial auto

Relating to the authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor vehicle registrations of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration. Effective: June 3, 2007.

SB 412

180

Motor vehicle insurance - traffic safety

Providing penalties for hand held cell phone violations by minor while driving. Effective: May 28, 2007.

SB 428

45

Identity theft - security freeze

Providing a procedure for consumers to implement a security freeze to prohibit a consumer-reporting agency from releasing all or any part of the consumer's credit report or any information derived from it to entities with whom the consumer has no existing credit relationship without the express authorization of the consumer in certain circumstances; exemptions; personal identification number or password; procedures for removal or temporary lifting of security freeze; exceptions; fees; providing for a written notice of a consumer's rights; providing civil penalties for violations; and making a violation an unfair or deceptive act or practice. Effective: June 8, 2007.

SB 490

112

Commercial insurance

Relating to the Underground Storage Tank Insurance Fund; providing for expiration of the fund and disposal of its assets; directing the Department of Environmental Protection to assist certain policyholders reclaim sites insured by the fund; providing that the Department of Environmental Protection is not liable for claims against the fund nor may be bound to policy terms; providing legislative findings; directing the Secretary of the Department of Environmental Protection to develop a plan to cause remediation of these sites; authorizing the Secretary of the Department of Environmental Protection to place conditions on remediation recipients; establishing criteria and preconditions for remediations; allowing persons who have undertaken remediation or expended funds to undertake remediation of sites to be reimbursed expenses; and allowing the secretary to establish conditions for reimbursement for prior or future remediations of insured sites. Effective: June 6, 2007.

SB 531

49

State regulation

Relating to the process of filing with the office of the Secretary of State service of process on corporations in class action suits. Effective: June 1, 2007.

SB 559

137

Military personnel insurance related legislation

Relating to predatory insurance sales practices; and authorizing the Insurance Commissioner to promulgate emergency rules to protect military personnel. Effective: June 7, 2007.

SB 595

257

Workers' compensation - omnibus law changes

Relating to the transition to a private workers' compensation insurance system. Effective: June 8, 2007.

SB 643

135

State regulation

Relating to investigations of violations of insurance laws; clarifying that the Insurance Commissioner may investigate noncriminal violations; authorizing use of Class A registration plates; clarifying that immunity granted in certain cases applies to criminal prosecutions only; and clarifying the authority and duties of the Insurance Commissioner with regard to information obtained during investigations. Effective: June 7, 2007.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.