West Virginia House Bill 2923 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 10-0)
Status: Introduced on February 8 2019 - 25% progression, died in committee
Action: 2019-02-08 - To House Banking and Insurance
Pending: House Banking & Insurance Committee
Text: Latest bill text (Introduced) [HTML]

The purpose of this bill is to reform certain practices concerning state insurance. The bill clarifies and reasserts the state’s sovereign immunity, under the Eleventh Amendment to the United States Constitution and the Constitution of the State of West Virginia, as to any amounts in excess of any policy of insurance and limits the insurance coverage of the state for any type of insurance to $500,000 per occurrence. The bill requires the state Insurance Commissioner to report the activities of Board of Risk and Insurance Management, and disclose certain information and statistics relative to claims and payouts as part of its annual report. The bill requires that insurance remain in force should the state elect to not settle a claim, and vests in the state’s constitutional officers, and ultimately the Board of Public Works, the final determination as to whether a claim should be settled. The bill establishes term limits for the members of the Board of Risk and Insurance Management, clarifies that the board’s executive director shall serve full time and hold no other employment, and establishes the state’s right to reimbursement of its defense costs in the event a claim is tried civilly and a verdict is returned for the state. Finally, the bill caps the amount of any settlement which may be payable to an attorney representing a claimant, or the amount of any damages awarded to a claimant payable to any attorney representing a claimant.

Reforming the practice of securing state insurance

Del. Roland Jennings [R]	Del. John Kelly [R]	Del. Dianna Graves [R]	Del. Kayla Kessinger [R]
Del. Roy Cooper [R]	Del. Joe Jeffries [R]	Del. Caleb Hanna [R]	Del. John Mandt [R]
Del. Scott Cadle [R]	Del. John Hardy [R]

Date	Chamber	Action
2019-02-08	House	To House Banking and Insurance
2019-02-08	House	Introduced in House
2019-02-08	House	To Banking and Insurance then Judiciary
2019-02-08	House	Filed for introduction

HB2923 (Carry Over) 2019-02-08 - To House Banking and Insurance
SB552 (Similar To) 2019-02-07 - To Banking and Insurance

Chapter	Article	Section	Citation Type	Statute Text
29	12	2	Amended Code	Citation Text
29	12	3	Amended Code	Citation Text
29	12	4	Amended Code	Citation Text
29	12	5	Amended Code	Citation Text
29	12	5d	New Code	See Bill Text

Type	Source
Summary	http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2923&year=2019&sessiontype=RS&btype=bill
Text	http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2923%20intr.htm&yr=2019&sesstype=RS&i=2923