H. B. 2026
(By Delegate Leggett)
[Introduced February 9, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend
the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-20-21
to reduction of premium charges for school bus operators and
drivers' education instructors.
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 §33-20-21
, to read as
ARTICLE 20. RATES AND RATING ORGANIZATIONS.
§33-20-21. Reduction of personal automobile insurance premium
charges for school bus operators and drivers'
(a) Any rates, rating schedules or rating manuals for the
liability, personal injury protection and collision coverages of a
personal motor vehicle insurance policy submitted to or filed with the insurance commissioner shall provide for a five percent
reduction in premium charges as to such coverages when the
principal operator and spouse on the covered vehicle is an insured
who is a school bus operator employed by the county board of
education or a drivers' education instructor and who has
successfully completed a motor vehicle accident prevention course
approved by the division of motor vehicles. Such reductions of
premium rates shall be made in compliance with the provisions of
subsections (a) and (b), section three of this article. Any
discount used by an insurer shall be presumed appropriate unless
credible data demonstrates otherwise.
(b) The premium reduction required by this section shall be
effective for an insured and spouse for a three-year period after
successful completion of the approved course, except that the
insurer may require, as a condition of maintaining the discount,
that the insured and spouse:
(1) Not be involved in an accident for which the insured or
spouse is at fault;
(2) Not be convicted, plead guilty or nolo contendere to a
moving traffic violation, or to a traffic related alcohol or
narcotics offense; and
(3) Have maintained a driving record free of violations and
liability for accidents for a three-year period prior to course
(c) Upon successfully completing the approved course, each
person shall be issued a certificate by the organization offering
the course which shall be used to qualify for the premium discount
required by this section.
(d) This section does not apply in the event the approved
course is taken as punishment specified by a court or other
governmental entity resulting from a moving traffic violation.
(e) Each participant shall take an approved course every year
to continue to be eligible for the reduction in premiums.
NOTE: The purpose of this bill is to allow school bus
operators and drivers' education instructors to have a five percent
premium discount on their private/personal automobile insurance
policies upon completion of an accident prevention course approved
by the division of motor vehicles. Section 33-20-18 provides a
similar discount for senior citizens who complete the course.
This section is new; therefore, strike-throughs and
underscoring have been omitted.