Introduced Version
House Bill 3152 History
OTHER VERSIONS -
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 3152
(By Delegates Michael, Stalnaker, Frederick, Proudfoot,
R. M. Thompson and Ashley)
(Originating in the Committee on Finance)
[March 22, 2005]
A BILL to
amend and reenact §29-12-5a of the Code of West Virginia,
1931, as amended, relating to liability insurance for county
boards of education, their employees and members, the county
superintendent of schools, and for employees and officers of
the State Department of Corrections; and clarifying that the
Board of Risk and Insurance Management is not required to
provide insurance for every property, activity or
responsibility.
Be it enacted by the Legislature of West Virginia:
That §29-12-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. STATE INSURANCE.
§29-12-5a. Liability insurance for county boards of education,
their employees and members, the county
superintendent of schools, and for employees and
officers of the State Department of Corrections.
(a) In accordance with the provisions of this article, the state Board of Risk and Insurance Management shall provide, at its
discretion, appropriate professional or other liability insurance
for all county boards of education, teachers, supervisory and
administrative staff members, service personnel, county
superintendents of schools and school board members and for all
employees and officers of the State Department of Corrections. The
Board of Risk and Insurance Management is not required to provide
insurance for every property, activity or responsibility of county
boards of education, teachers, supervisory and administrative staff
members, service personnel, county superintendents of schools and
school board members and for all employees and officers of the
state Department of Corrections.
(b) Said insurance Insurance provided by the Board of Risk and
Insurance Management pursuant to the provisions of subsection (a)
of this section shall cover any claim, demand, action, suit or
judgment claims, demands, actions, suits or judgments by reason of
alleged negligence or other acts resulting in bodily injury or
property damage to any person within or without any school building
or correctional institution if, at the time of the alleged injury,
the teacher, supervisor, administrator, service personnel employee,
county superintendent, school board member, or employee or officer
of the Department of Corrections was acting in the discharge of his
or her duties, within the scope of his or her office, position or
employment, under the direction of the Board of Education or
Commissioner of Corrections or in an official capacity as a county
superintendent or as a school board member or as Commissioner of Corrections.
(c) Such insurance Insurance coverage provided by the Board of
Risk and Insurance Management pursuant to subsection (a) of this
section shall be in an amount to be determined by the state Board
of Risk and Insurance Management, but in no event less than one
million dollars for each occurrence. In addition, each county
board of education shall purchase, through the Board of Risk and
Insurance Management, excess coverage of at least five million
dollars for each occurrence. The cost of this excess coverage will
be paid by the respective county boards of education. Any
insurance purchased under this section shall be obtained from a
company licensed to do business in this state.
(d) The insurance policy provided by the Board of Risk and
Insurance Management pursuant to subsection (a) of this section
shall include comprehensive coverage, personal injury coverage,
malpractice coverage, corporal punishment coverage, legal liability
coverage as well as a provision for the payment of the cost of
attorney's fees in connection with any claim, demand, action, suit
or judgment arising from such alleged negligence or other act
resulting in bodily injury under the conditions specified in this
section.
(e) The county superintendent and other school personnel shall
be defended by the county board or an insurer in the case of suit,
unless the act or omission shall not have been within the course or
scope of employment or official responsibility or was motivated by
malicious or criminal intent.
NOTE: The purpose of this bill is to clarify that the board of
risk and insurance management is not required to provide insurance
for every property, activity or responsibility of
county boards of
education, teachers, supervisory and administrative staff members,
service personnel, county superintendents of schools and school
board members and for all employees and officers of the state
department of corrections.