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SB177 SUB1 Senate Bill 177 History

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COMMITTEE SUBSTITUTE

FOR

                             Senate Bill No. 177

(By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer)

__________

[Originating in the Committee on the Judiciary;

reported February 22, 2011.]

__________

 

 

A BILL to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to the exchange of information agreement between the State Tax Department and the West Virginia Lottery; authorizing the State Tax Department to promulgate a legislative rule relating to the exchange of information agreement between the State Tax Department and the Office of the State Fire Marshal; authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit life insurance, credit accident and sickness insurance and credit unemployment insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to suitability in annuity transactions; authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance adjusters; authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum; authorizing the Insurance Commissioner to promulgate a legislative rule relating to property and casualty actuarial opinions; authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit personal property; authorizing the Insurance Commissioner to promulgate a legislative rule relating to self-insurance pools for political subdivisions; authorizing the Insurance Commissioner to promulgate a legislative rule relating to valuation of life insurance companies; authorizing the Insurance Commissioner to promulgate a legislative rule relating to recognition of preferred mortality tables for use in determining minimum reserve liabilities; authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to health maintenance organization point of service option; authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing; authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations; and authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensing of retail outlets.

Be it enacted by the Legislature of West Virginia:

    That article 7, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-1. State Tax Department.

    (a) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand ten, authorized under the authority of section ten, article thirteen-aa, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the fifth day of November, two thousand ten, relating to the State Tax Department (commercial patent incentives tax credit, 110 CSR 13Q), is authorized.

    (b) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand ten, authorized under the authority of section five-s, article ten, chapter eleven of this code, relating to the State Tax Department (exchange of information agreement between the State Tax Department and the West Virginia Lottery, 110 CSR 50E), is authorized.

    (c) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand ten, authorized under the authority of section five-s, article ten, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the fifth day of November, two thousand ten, relating to the State Tax Department (exchange of information agreement between the State Tax Department and the Office of the State Fire Marshal, 110 CSR 50F), is authorized.

§64-7-2. Insurance Commissioner.

    (a) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twenty-eighth day of September, two thousand ten, relating to the Insurance Commissioner (credit life insurance, credit accident and sickness insurance and credit unemployment insurance, 114 CSR 6), is authorized with the following amendment:

    On pages one and two, section 2, by striking out all of section 2. and inserting in lieu thereof a new section 2. to read as follows:

§114-6-2. Definitions.

    (1) "Commissioner" means the West Virginia Insurance Commissioner.

    (2) "Credit Accident and Sickness Insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.

    (3) "Credit Life Insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.

    (4) "Credit unemployment insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is unemployed as defined in the policy.

    (5) "Creditor" means the lender of money or vendor or lesser goods, services, or property, rights or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title or interest of any such lender, vendor, or lessor, and an affiliate, associate or subsidiary of them or any director, officer, or employee of any of them or any other person in any way associated with any of them.

    (6) "Debtor" means a borrower of money or purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction.

"Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.

    (7) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.”

    (b) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand ten, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (suitability in annuity transactions, 114 CSR 11B), is authorized.

    (c) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twentieth day of October, two thousand ten, relating to the Insurance Commissioner (insurance adjusters, 114 CSR 25), is authorized with the following amendments:

    On page two, subsection 3.1., by striking out all of subsection 3.1. and inserting in lieu thereof a new subsection 3.1. to read as follows:

    “3.1. No person shall in West Virginia act as or hold himself to be an adjuster unless licensed by the Commissioner. As used in the rule, the term “person” shall not include those persons located in an office of an insurer outside the State of Wet Virginia who adjust claims solely by telephone, fax, United States Mail and electronic mail and who do not physically enter the State of West Virginia in the course of adjusting such claims.”;

    And,

    On page four, subdivision 3.2.j., by striking out all of subdivision 3.2.j. and renumbering the remaining subdivisions.

    (d) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twenty-eighth day of September, two thousand ten, relating to the Insurance Commissioner (long-term care insurance, 114 CSR 32), is authorized with the following amendments:

    On page 51, paragraph 29.4.c.1., by striking out all of paragraph 29.4.c.1. and inserting in lieu thereof a new paragraph 29.4.c.1. to read as follows:

    “29.4.c.1. Within five (5) business days of receiving a written request for independent review, the insurer shall choose an independent review organization approved or certified by the state. The insurer shall vary its selection of authorized independent review organizations on a rotating basis.”;

    On page fifty-two, paragraph 29.4.c.6., by striking out the word “8,” and inserting in lieu thereof the word “3,”;

    And,

    On page fifty-six, subsection 30.6., by striking out all of subsection 30.6.

    (e) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (actuarial opinion and memorandum, 114 CSR 41), is authorized.

    (f) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the first day of December, two thousand ten, relating to the Insurance Commissioner (property and casualty actuarial opinions, 114 CSR 41A), is authorized.

    (g) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (credit personal property, 114 CSR 61), is authorized.

    (h) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the first day of December, two thousand ten, relating to the Insurance Commissioner (self-insurance pools for political subdivisions, 114 CSR 65), is authorized with the following amendment:

    On pages ten and eleven, subsection 8.1., by striking out all of subsection 8.1. and inserting in lieu thereof a new subsection 8.1. to read as follows:

    “8.1. To the extent not inconsistent with this rule, each workers' compensation pool is subject to the requirements of West Virginia Code §§33-2-21 and 33-2-22 and West Virginia Code Chapter Twenty-Three and the rules promulgated thereunder, including but not limited to the payment of surcharges pursuant to West Virginia Code §§23-2C-3(f)(2) and 23-2C-3(f)(3)(B) and West Virginia Code St. R. Section 85-6-1 et seq.; the record retention requirements of West Virginia Code St. R. Section 85-18-13; and the data requirements of West Virginia Code St. R. Section 85-1-2: Provided, That such a pool is subject to West Virginia Code St. R. Section 85-18-1 et seq.; as if the pool was a single self-insured employer: Provided, however, That no provision of Chapter Twenty-Three of this code or any rule promulgated thereunder requiring participation in the self-insured guarantee risk pool and the self-insured security risk pool, or providing for industrial council approval of self-insured status, termination of self-insured status or approval of security, shall apply.”

    (i) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (valuation of life insurance companies, 114 CSR 68), is authorized.

    (j) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (recognition of preferred mortality tables for use in determining minimum reserve liabilities, 114 CSR 69A), is authorized.

    (k) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (professional employer organizations, 114 CSR 85), is authorized.

    (l) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (health maintenance organization point of service option, 114 CSR 91), is authorized.

§64-7-3. Racing Commission.

    (a) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand ten, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twentieth day of January, two thousand eleven, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized with the following amendments:

    On page forty-two, subdivision 26.4.q., by striking out all of subdivision 26.4.q. and inserting in lieu thereof a new subdivision 26.4.q. to read as follows:

    “26.4.q. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control into the association’s grounds without permission from the association’s racing secretary or his or her designee. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control out of the association’s grounds without first signing out the horse on a form prescribed by the association and made available at the stable gate. Provided however, for all horses stabled on the association grounds permission is required from the associations’s racing secretary or his or her designee at the time of removal if the horse is to race at another racetrack within a period of thirty (30) days following the day of its removal from the association’s grounds. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control into the association’s grounds without presenting a current negative Coggins test for equine infectious anemia (EIA).”;

    And,

    On page fifty-six, subdivision 42.3.a., by striking out the words “eighteen (118)” and inserting in lieu thereof the words “sixteen (116)”.

    (b) The legislative rule filed in the state register on the thirtieth day of July, two thousand ten, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twentieth day of January, two thousand eleven, relating to the Racing Commission (greyhound racing, 178 CSR 2), is authorized.

    (c) The legislative rule filed in the state register on the sixteenth day of July, two thousand ten, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twentieth day of January, two thousand eleven, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 5), is authorized.

§64-7-4. Alcohol Beverage Control Commission.

    (a) The legislative rule filed in the state register on the twentieth day of November, two thousand nine, authorized under the authority of section six, article three-a, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the state register on the nineteenth day of January, two thousand eleven, relating to the Alcohol Beverage Commission (licensed retailer operations, 175 CSR 1), is authorized with the following amendment:

    On pages seven and eight, paragraph 4.1.a.3., by striking out all of paragraph 4.1.a.3. and inserting in lieu thereof a new paragraph 4.1.a.3. to read as follows:

    “4.1.a.3. Column 2 - “Unit Size.” The product bottle size is listed in metric measurement.

Metric Conversion Table

            Metric Size             Converted to Ounces

                50 ml.                       1.7 oz.

                200 ml.                      6.8 oz.

                375 ml.                      12.7 oz.

                500 ml.                      16.9 oz.

                750 ml.                      25.4 oz.

                1. Liter                     33.8 oz.

                1.75 Liter                   59.2 oz.”

 

    (b) The legislative rule filed in the state register on the twenty-second day of February, two thousand ten, authorized under the authority of section six, article three-a, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the state register on the twentieth day of January, two thousand eleven, relating to the Alcohol Beverage Commission (licensing of retail outlets, 175 CSR 5), is authorized.

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