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Introduced Version House Bill 2353 History

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hb2353 intr
H. B. 2353


(By Delegates Stalnaker and H. White)
[Introduced February 15, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]




A BILL to amend and reenact §17D-2A-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting operators of motor vehicles who do not have insurance coverage from instituting lawsuits for damages.

Be it enacted by the Legislature of West Virginia:
That §17D-2A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.

§17D-2A-3. Required security; exceptions.

Every owner or registrant of a motor vehicle required to be registered and licensed in this State shall maintain security as hereinafter provided in effect continuously throughout the registration or licensing period except in case of a periodic use or seasonal vehicle, in which case the owner or registrant is required to maintain security upon the vehicle only for the portion of the year the vehicle is in actual use. As used in this section, a periodic use or seasonal vehicle means a recreational vehicle, antique motor vehicle, motorcycle or other motor vehicle which is stored part of the year and used seasonally.
Every nonresident owner or registrant of a motor vehicle, which is operated upon any road or highway of this State, and which has been physically present within this State for more than thirty days during the preceding three hundred sixty-five days, shall thereafter maintain security as hereinafter provided in effect continuously throughout the period such motor vehicle remains within this State.
No person shall knowingly drive or operate upon any road or highway in this State any motor vehicle upon which security is required by the provisions of this article unless such security is in effect.
Such security shall be provided by one of the following methods:
(a) By an insurance policy delivered or issued for the delivery in this state by an insurance company authorized to issue vehicle liability and property insurance policies in this State within limits which shall be no less than the requirements of section two, article four, chapter seventeen-d of this code; or
(b) By any other method approved by the Commissioner of the Department Division of Motor Vehicles of this State as affording security equivalent to that offered by a policy of insurance, including qualification as a self-insurer under the provisions of section two, article six, chapter seventeen-d; or
(c) By depositing with the State Treasurer such cash or other securities in the manner set forth in section sixteen, article four, chapter seventeen-d of this code.
The requirements of this section apply to every registered and licensed vehicle upon the next application for renewal of license following the effective date of this section: Provided, That this article shall not apply to any motor vehicle owned by the State or by a political subdivision of this State, nor to any motor vehicle owned by the federal government.
(d) Notwithstanding any provision of law to the contrary, no person, regardless of fault, who operates a motor vehicle in this State without the security required by this section, may institute or maintain any legal action for damages.



NOTE: The purpose of this bill is to prohibit operators of motor vehicles who do not have insurance coverage from instituting lawsuits for damages.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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