FISCAL NOTE
2023 REGULAR SESSION
Introduced
House Bill 2084
By Delegate Walker
[Introduced January 11, 2023; Referred to the Committee on Banking and Insurance then Finance]
Be it enacted by the Legislature of West Virginia:
If a claimant prevails in a claim against the Division of Highways for damage resulting from negligence or defect in the design, condition, or maintenance of a state road or road structure, and the damage occurred during a declared state of emergency covering the area where the pertinent section of roadway is located, and that state of emergency lasted for more than six months, the total amount of the award determined by the Legislative Claims Commission shall include the amount specified as a deductible amount in the vehicle owner's insurance policy.
NOTE: The purpose of this bill is to include reimbursement for insurance deductible amounts to a vehicle owner prevailing in a claim against the state for damage due to the condition of state roads when that claim arises during a declared state of emergency.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.