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Introduced Version House Bill 2026 History

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hb2026 intr
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 , relating 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 follows:

ARTICLE 20. RATES AND RATING ORGANIZATIONS.

§33-20-21. Reduction of personal automobile insurance premium charges for school bus operators and drivers' education instructors.

(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 completion.
(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.

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