West Virginia 2018 Regular Session Status: To Executive 4 R cosponsors

HB 4186 — Relating generally to guaranteed asset protection waivers

Last action — Chapter 130, Acts, Regular Session, 2018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

142 added · 144 removed

Plain-language change summary

The changes to Bill HB 4186 clarify that guaranteed asset protection (GAP) waivers are not classified as insurance, which means those involved in offering them won't need to meet traditional insurance licensing requirements. The bill also specifies certain terms and requirements for offering GAP waivers, including options for cancellation and required disclosures. This matters because it simplifies the regulatory process for businesses offering these waivers, potentially encouraging more companies to provide them, which could benefit consumers looking for financial protections.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 4186 History OTHER VERSIONS  —  Introduced Version  |  Committee Substitute  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Committee Substitute « House Bill 4186 History OTHER VERSIONS  —  Introduced Version  |  Enrolled Version - Final Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for House Bill 4186 By Delegates Westfall, Householder, Upson, C.
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for House Bill 4186 By Delegates Westfall, Householder, Upson, C.
Miller, Frich, White, Lane, Kessinger, Moore, Criss and Nelson [Passed March 10, 2018;
Miller, Frich, White, Lane, Kessinger, Moore, Criss and Nelson [Introduced January 18, 2018;
in effect ninety days from passage.
Referred to the Committee on Banking and Insurance then the Judiciary.  Reported on February 6, 2018.] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-22, relating generally to guaranteed asset protection waivers;
] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-22, relating generally to guaranteed asset protection waivers;
providing that guaranteed asset protection waivers are not insurance and are exempt from the insurance laws of this state;
providing further exemptions;
defining certain terms;
providing requirements for offering guaranteed asset protection waivers;
exempting guaranteed asset protection waivers sold and/or issued by a federally regulated depository institution;
excluding waivers from consumer sales and service tax;
and providing an effective date.
and,  providing an effective date.
Guaranteed asset protection waivers issued after the effective date of this section may not be construed as insurance and persons marketing, administering, selling or offering to sell guaranteed asset protection waivers are not required to comply with insurance licensing requirements.
It is further the intent of the Legislature that all guaranteed asset protection waivers issued after the effective date of this section may not be construed as insurance and that persons marketing, administering, selling or offering to sell guaranteed asset protection waivers are not required to comply with insurance licensing requirements.
 (D)The procedure a borrower must follow, to obtain guaranteed asset protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may initiate activation of waiver benefits.
 (D)The procedure a borrower must follow, to obtain guaranteed asset protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may initiate activation of waiver benefits.   During the period of time from borrower’s notice of total physical loss or unrecovered theft of the motor vehicle, pending final resolution of the initiation to activate  guaranteed asset waiver protection benefits, all monthly payments due for guaranteed asset protection waiver benefits, if any, are suspended, but not waived.
 Once activation of waiver benefits has been initiated, and until such time as the request for a benefit under the GAP waiver is resolved, the GAP waiver shall not be terminated or cancelled, nor shall a request for a benefit under the GAP waiver be denied, by the creditor, administrator or other designated party, solely due to the borrower’s failure to make monthly payments owed for the GAP waiver purchase price;
– Subsections (g), (h) and (i) of this section do not apply to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a “commercial transaction.” (l) Exemption.
– Subsections (g), (h) and (i) of this section do not apply to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a “commercial transaction.” (l) Effective date.
– This section does not apply to guaranteed asset protection waivers sold and/or issued by a federally regulated depository institution.
(m) Effective date.
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Action History

  1. Chapter 130, Acts, Regular Session, 2018

  2. Became law without Governor's signature

  3. To Governor 3/19/18

  4. Became law without Governor's signature - Senate Journal

  5. Became law without Governor's signature- House Journal

  6. To Governor 3/19/18 - Senate Journal

  7. To Governor 3/19/18 - House Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Senate adopted conference report and passed bill (Roll No. 490)

  12. House Message received

  13. Communicated to Senate

  14. House adopted conference report and passed bill (Roll No. 500)

  15. Conference report received-House

  16. Conference report filed - Senate

  17. Conference report filed - House

  18. House Message received

  19. To conference

  20. Communicated to Senate

  21. House appointed conferees: Fast, Overington, Lovejoy

  22. House agreed to conference

  23. House received Senate message

  24. Communicated to House

  25. Senate appoints conference committee: Rucker, Azinger, Beach

  26. Senate refused to recede; requested conference (Voice vote)

  27. House Message received

  28. Communicated to Senate

  29. House refused to concur; requested Senate to recede (Voice)

  30. House received Senate message

  31. Senate requests House to concur

  32. Passed Senate with amended title (Roll No. 310)

  33. Read 3rd time

  34. On 3rd reading

  35. Committee amendment adopted (Voice vote)

  36. Read 2nd time

  37. On 2nd reading

  38. Read 1st time

  39. On 1st reading

  40. Reported do pass, with amendment and title amendment

  41. To Judiciary

  42. To Judiciary

  43. Introduced in Senate

  44. House Message received

  45. Communicated to Senate

  46. Passed House (Roll No. 69)

  47. Read 3rd time

  48. On 3rd reading, Special Calendar

  49. Read 2nd time

  50. On 2nd reading, House Calendar

  51. Read 1st time

  52. On 1st reading, House Calendar

  53. By substitute, do pass

  54. To House Judiciary

  55. With amendment, do pass, but first to Judiciary

  56. To House Banking and Insurance

  57. Introduced in House

  58. To Banking and Insurance then Judiciary

  59. Filed for introduction

Sponsors

  • Householder · Cosponsor
  • Vernon Criss · Cosponsor
  • Frich · Cosponsor
  • Westfall · Primary
  • Kessinger · Cosponsor
  • Upson · Cosponsor
  • Lane · Cosponsor
  • Nelson · Cosponsor
  • Erica Moore · Cosponsor
  • Lisa White · Cosponsor
  • George Miller · Cosponsor

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on · 1 voted No

Sponsors (1)

  • Westfall

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 92 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 26000
Unaffiliated 63501
Democrat 3100
Total 92601
% of votes cast 93%6%0%1%
How each member voted (99)
Member Party Vote
Lane — Yea
Romine, C. — Yea
Atkinson — Yea
Byrd — Nay
Ferro — Yea
Fleischauer — Yea
Marcum — Nay
Robinson — Nay
Rodighiero — Yea
Rowe — Nay
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Diserio — Yea
Evans, A. — Yea
Phillips — Yea
Evans, E. — Yea
Speaker Armstead — Yea
Boggs — Yea
Brewer — Yea
Canestraro — Yea
Capito — Yea
Espinosa — Yea
Folk — Yea
Frich — Yea
Graves — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Householder — Yea
Iaquinta — Yea
Isner — Yea
Love — Yea
Lovejoy — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Rowan — Yea
Shott — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Westfall — Yea
Ambler — Yea
Bates — Yea
Caputo — Yea
Cowles — Nay
Deem — Not Voting
Fast — Yea
Hamrick — Yea
Hicks — Yea
Hollen — Yea
Kessinger — Yea
Longstreth — Yea
Lynch — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Sobonya — Yea
Sponaugle — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 29 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 26500
Republican 3000
Total 29500
% of votes cast 85%15%0%0%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Nay
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Nay
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Nay
WOELFEL — Yea
FACEMIRE — Nay
ROMANO — Nay
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

PASSAGE

Passed 94 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democrat 4000
Republican 24001
Total 94005
% of votes cast 95%0%0%5%
How each member voted (99)
Member Party Vote
Lane — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Atkinson — Yea
Bates — Yea
Brewer — Yea
Ferro — Yea
Folk — Yea
Frich — Yea
Kessinger — Yea
Love — Yea
Lovejoy — Yea
Rodighiero — Yea
Rowan — Yea
Shott — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Romine, C. — Not Voting
Canestraro — Yea
Capito — Yea
Deem — Yea
Espinosa — Yea
Fast — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Iaquinta — Yea
Marcum — Not Voting
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Pyles — Yea
Robinson — Yea
Sponaugle — Yea
Storch — Yea
Upson — Yea
Wagner — Yea
Westfall — Yea
Ambler — Yea
Boggs — Not Voting
Byrd — Yea
Caputo — Yea
Cowles — Yea
Fleischauer — Yea
Graves — Yea
Higginbotham — Yea
Householder — Yea
Isner — Yea
Longstreth — Yea
Lynch — Yea
Miley — Yea
Moye — Yea
Rowe — Yea
Sobonya — Yea
Summers — Yea
Wilson — Not Voting
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

finance
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Frequently asked questions

Who sponsors HB 4186?
HB 4186 is sponsored by Householder, Vernon Criss (Republican), Frich, Westfall, Kessinger, Upson, Lane, Nelson, Erica Moore (Republican), Lisa White (Republican), and George Miller (Republican).
What is the current status of HB 4186?
This bill died with 2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4186?
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Last checked for changes 3 months ago · updated continuously

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