Relating to consumer protection and new motor vehicle warranties

SB 578 Text

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 578
By Senator Hamilton
[Introduced January 22, 2026; referred
to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary]
A BILL to amend and reenact §46A-6A-2 of the Code of West Virginia, 1931, as amended, relating to consumer protection and new motor vehicle warranties; including within the definition of "motor vehicle" motor homes; and providing protections for new motor vehicles not conforming to express warranties apply to all portions of new motor homes that are covered by those warranties.
Be it enacted by the Legislature of West Virginia:

ARTICLE 6A. CONSUMER PROTECTION--NEW MOTOR VEHICLE WARRANTIES.

§46A-6A-2. Definitions.

When used in this article, the following words, terms, and phrases shall have the meaning ascribed to them, except where the context indicates a different meaning:
"Consumer" means:
(A) The purchaser, other than for purposes of resale, of a new motor vehicle used primarily for personal, family, or household purposes, a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty; or
(B) The purchaser, other than for purposes of resale, of a new vehicle described in paragraph (B), subdivision (4) of this section a person to whom the new vehicle is transferred during the duration of an express warranty applicable to the vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty;
(2)
"Manufacturer" means a person engaged in the business of manufacturing, assembling, or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble, or distribute to dealers at least 10 new motor vehicles;
(3)
"Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty; and
(4)
"Motor vehicle" means:
(A) Any passenger automobile purchased in this state or registered and titled in this state, including any pickup truck or van registered as a Class A motor vehicle under the provisions of §17A-10-1
et seq
. of this code, and any
self-propelled motor vehicle chassis of a
motor home
as that term is defined in §17A-1-1(ll) of this code
,
in
registered as a Class A or Class B motor vehicle under the provisions of §17A-10-1
et seq
. of this code; or
(B) Any self-propelled vehicle designed primarily for, and used in, the occupation or business of farming, with a horsepower unit of 20 or greater.

NOTE: The purpose of this bill is to provide protections for new motor vehicles not conforming to express warranties apply to all portions of new motor homes that are covered by those warranties
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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