Senate Bill No. 495
(By Senators Minard and Kessler)
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[Introduced March 15, 2001; referred to the Committee on Banking
and Insurance; and then to the Committee on Finance.]
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A BILL to amend chapter thirty-three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-e, relating to
the transaction of insurance via the internet and the world
wide web; providing for the use of electronic signatures and
substituted signatures; defining the internet; and electronic
delivery of insurance contracts.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article six-e, to read as
follows:
ARTICLE 6E. ELECTRONIC TRANSACTION OF INSURANCE.
§33-6E-1. Definitions.
(a) "Commissioner" means the West Virginia insurance
commissioner.
(b) "Internet" as used in this chapter means the globally
dispersed public electronic communications network that connects
computer networks and organizational computer facilities worldwide,
including, without limitation, the world wide web and electronic
mail systems.
(c) "Signature" as used in this chapter means with respect to
any insurance transaction for which this chapter requires a
signature or an original signature, any of the following:
(1) An original, written signature;
(2) An electronic signature provided in accordance with the
provisions contained within the "Electronic Signatures in Global
and National Commerce Act," Pub. L. No. 106-229, 114 Stat. 464, 15
U.S.C.A. 7001-7031 (2000); and
(3) Information provided by a person whose signature is
required by this chapter pursuant to a procedure designed and
maintained by any person or entity which maintains a license to
transact insurance in this state: Provided, That such procedure is:
(A) Designed to protect the privacy, confidentiality,
accuracy, authenticity and security of the person whose signature
is required; and
(B) Has been submitted to and approved by the commissioner.
§33-6E-2. Applicability.
The provisions contained within the "Electronic Signatures in
Global and National Commerce Act," Pub. L. No. 106-229, 114 Stat.
464, 15 U.S.C.A. 7001-7031 (2000) are applicable to the provisions
contained in this chapter and to the transaction of insurance in
West Virginia.
§33-6E-3. Delivery of the policy.
In the event that insurance is transacted via the internet, by
electronic mail or by any other form of mass communications media,
a contract or certificate of insurance is considered delivered if
transmitted electronically in accordance with the "Electronic
Signatures in Global and National Commerce Act," Pub. L. No.
106-229, 114 Stat. 464, 15 U.S.C.A. 7001-7031 (2000) and the
provisions of this article.
§33-6E-4. Preservation of rights and duties.
Except as specifically stated herein, nothing contained in
this article shall limit, alter or otherwise affect any requirement imposed by this chapter or its corresponding rules relating to the
rights and obligations of persons under this chapter.
§33-6E-5. Rules.
The commissioner may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code.
NOTE: The purpose of this bill is to comply with federal law
which requires states to acknowledge the validity of signatures,
contracts and documents executed and transmitted electronically.
This article is new; therefore, strike-throughs and
underscoring have been omitted.