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2008 SUMMARY OF NEW STATE LAWS - WEST VIRGINIA

West Virginia State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2503

116

ID Cards

Authorizes the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license. Effective date: July 7, 2008.

HB 2881

149

Driving Privileges

Provides that antique motor vehicles may be used for occasional recreational driving. Effective date: July 7, 2008.

HB 4023

68

Teen Drivers

Relates to the denial or suspension of the driver's license of any student between the ages of fifteen and eighteen who withdraws from school or fails to receive passing grades. Effective date: July 7, 2008.

HB 4059

83

School Bus Drivers

Relating to medical qualifications for school bus operators. Effective date: July 7, 2008.

HB 4069

69

Driver Renewal Requirement

Relates to vision screening for driver license renewal upon expiration. Effective date: July 7, 2008.

HB 4099

151

Use of Red Lights

Allowing certain vehicles designated by the Secretary of the Department of Military Affairs and Public Safety for emergency response and emergency management to use red flashing lights. Effective date: July 7, 2008.

HB 4120

1

Wrongful Death

Prohibits the inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions. Effective date: July 7, 2008.

HB 4137

126

Total Loss Notice

Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs. Effective date: July 7, 2008.

HB 4139

66

Driver Licensing Requirement

Relates to licensing persons using bioptic telescopic devices to operate a motor vehicle. Effective date: July 7, 2008.

HB 4157

121

Insurer Servicing Requirement

Allows insurers who have been suspended from writing new policies to continue to service existing policies; provides that no license is required for an insurer, formerly holding a valid license, to enable it to investigate and settle losses under its policies, to collect premiums, pay applicable servicing commissions to agents of record and otherwise service such policies, or to liquidate the assets and liabilities. Effective date: July 7, 2008.

HB 4290

182

E-Commerce

Relates to electronic commerce. Effective date: July 7, 2008.

HB 4331

67

Driver’s Licenses

Eliminates the requirement to send surrendered driver's licenses back to the original state of licensure. Effective date: July 7, 2008.

HB 4381

120

Workers’ Compensation – Fund Management

Relates to an assigned risk plan and guaranty association account for workers' compensation insurance. Effective date: April 8, 2008.

HB 4389

152

Traffic Offenses

Removes requirement that resident violators of traffic laws be required to sign citations. Effective date: July 7, 2008.

HB 4515

150

Driving Disqualification

Relates to reports by health care providers of persons incompetent to drive an automobile. Effective date: July 7, 2008.

HB 4557

123

Producer Licensure – CE Requirements

Relates to continuing education for insurance producers. Effective date: July 7, 2008.

HB 4636

229

Workers’ Compensation –

Miscellaneous Provisions

Relates to workers' compensation insurance; prohibits public contracts with and provides for the termination of licenses and permits to employers in workers' compensation default; regulates certain third-party administrators; establishes penalties for defaults; establishes fixed percentages for determining surcharges on covered employers; eliminates certain carrier reporting requirements; increases the period in which to file objections to claims decisions; provides for conditional payment of benefits. Effective date: April 8, 2008.

HB 4644

59

Bail Bonds

Relates to the forfeiture of bail. Effective date: April 8, 2008.

SB 217

65

Traffic Offenses

Reduces compliance time for nonresident traffic violations. Effective date: July 7, 2008.

SB 272

224

Telemarketing

Relates to the definition of telemarketing solicitation. Effective date: April 8, 2008.

SB 340

37

Security Breaches

Requiring consumers' notification of information security breach. Effective date: July 7, 2008.

SB 535

70

DUI Penalties

Modifies certain penalties for DUI. Effective date: July 7, 2008.

SB 571

230

Workers’ Compensation – Benefits

Relates to certain firefighters' workers' compensation benefits. Effective date: July 7, 2008.

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.