Committee Substitute
House Bill 4273 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4273
(By Delegate Morgan)
(By Request of the Insurance Commissioner)
(Originating in the Committee on the Judiciary)
[February 26, 2010]
A BILL to amend the Code of West Virginia, 1931, as amended by
adding thereto a new section, designated §33-46A-4a, all
relating to professional employer organizations; providing
that the operation of a professional employer organization
constitutes the "transaction of insurance" subject to the
provisions of article forty-four, chapter thirty-three of said
code; providing that a professional employer organization
operating in this state without a license to do so is an
"unauthorized insurer" and, upon violation of the provisions
of article forty-four, chapter thirty-three of said code, is
guilty of a felony and providing penalties upon conviction
thereof; subjecting unlicensed professional employer
organizations to penalty and other provisions regulating the
unauthorized transaction of insurance; and authorizing
insurance fraud unit to conduct investigations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended be amended by
adding thereto a new section, designated §33-46A-4a, all to read as
follows:
ARTICLE 46A. PROFESSIONAL EMPLOYER ORGANIZATIONS.
§33-46A-4a. Operation of a PEO as transaction of insurance;
enforcement; penalties; fraud unit may
investigate.
(a) The operation of a PEO constitutes the "transaction of
insurance" within the meaning of, as defined
in and for the
purposes of article forty-four of this chapter. A PEO operating in
this state without a license issued in accordance with this article
is an "unauthorized insurer" within the meaning of and as defined
in article forty-four of this chapter. Any person who operates a
PEO without a license issued in accordance with this article is an
unauthorized insurer and is engaging in the transaction of
insurance without a license in violation of section four, article
forty-four of this chapter, and is subject to the all of the
criminal, civil and administrative penalties as provided in article
forty-four of this chapter for the unauthorized transaction of
insurance.
(b) In addition to the other investigative authority granted
to the commissioner in this chapter, the insurance fraud unit
created pursuant to the provisions of section eight, article
forty-one of this chapter may investigate suspected violations of
this article.
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