ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4273


(By Delegate Morgan)


[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT 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 a professional employer organization operating without a license is subject to the same enforcement provisions and criminal penalties as unauthorized insurers; 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 without a license; enforcement; penalties; fraud unit may investigate.
(a) Any person who operates a PEO without a license issued in accordance with this article is subject to the all of the injunctive, criminal, civil and administrative relief and criminal 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.