COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 357
(By Senators Minard, Fanning, Prezioso,
Unger, Boley and Minear)
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(Originating in the Committee on the Judiciary;
reported March 24, 2005
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A BILL to amend and reenact article 7, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; 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 as amended by the Legislature; 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 Alcohol Beverage Control
Commissioner to promulgate a legislative rule relating to
retail liquor operations; authorizing Alcohol Beverage Control
Commissioner to promulgate a legislative rule relating to
private club licensing; authorizing Alcohol Beverage Control
Commissioner to promulgate a legislative rule relating to
bailment policies and procedures; authorizing Insurance
Commission to promulgate a legislative rule relating to
examiners and examinations; authorizing Insurance Commissioner
to promulgate a legislative rule relatingto surplus lines
insurance; authorizing Insurance Commissioner to promulgate a
legislative rule relating to cancellation and nonrenewal of
automobile liability policies; authorizing Insurance
Commissioner to promulgate a legislative rule relating to
continuing education for individual insurance producers;
authorizing Insurance Commissioner to promulgate a legislative
rule relating to valuation of life insurance policies;
authorizing Insurance Commissioner to promulgate a legislative
rule relating to recognition of 2001 CSO Mortality Table for
use in determining minimum reserve liabilities and
nonforfeiture benefits; authorizing Insurance Commissioner to promulgate a legislative rule relating to insurance fraud
prevention; authorizing Insurance Commissioner to promulgate
a legislative rule relating to small employer eligibility
requirements; authorizing Racing Commission to promulgate
legislative rule relating to thoroughbred racing; authorizing
Tax Department to promulgate a legislative rule relating to
consumers sales and service tax and use tax - executive orders
and certain declarations and exemptions; authorizing Tax
Department to promulgate a legislative rule relating to
valuation of active and reserve coal for ad valorem property
tax purposes; and authorizing Tax Department to promulgate a
legislative rule relating to valuation of producing and
reserve oil and gas for ad valorem property tax purposes.
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 TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Alcohol Beverage Control Commissioner.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, authorized under
the authority of section six, article three-a, chapter sixty of
this code relating to the Alcohol Beverage Control Commissioner
(retail liquor operations, 175 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, authorized under
the authority of section ten, article seven, chapter sixty of this
code relating to the Alcohol Beverage Control Commissioner (private
club licensing, 175 CSR 2) is authorized, with the following
amendment:
On page six, subdivision 3.1.6.a, the first line, after the
word "shall", by striking out the words "establish procedures for
conducting" and by inserting in lieu thereof the word "conduct".
(c) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, authorized under
the authority of section sixteen, article two, chapter sixty of
this code relating to the Alcohol Beverage Control Commissioner
(bailment policies and procedures, 175 CSR 6) is authorized.
§64-7-2. Insurance Commissioner.
(a)
The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section ten, article two, chapter thirty-three of this code
relating to the Insurance Commissioner (examiners and examinations,
114 CSR 15) is authorized.
(b) The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section ten, article two, chapter thirty-three of this code
relating to the Insurance Commissioner (surplus lines insurance, 114 CSR 20) is authorized.
(c) The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section ten, article two, chapter thirty-three of this code
relating to the Insurance Commissioner (cancellation and nonrenewal
of automobile liability policies, 114 CSR 3) is authorized.
(d) The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section ten, article two, chapter thirty-three of this code
relating to the Insurance Commissioner (continuing education for
individual insurance producers, 114 CSR 42) is authorized.
(e) The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section ten, article two, chapter thirty-three of this code
relating to the Insurance Commissioner (valuation of life insurance
policies, 114 CSR 68) is authorized.
(f)
The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section ten, article two, chapter thirty-three of this code
relating to the Insurance Commissioner (recognition of the 2001 CSO
Mortality Table for use in determining minimum reserve liabilities
and nonforfeiture benefits, 114 CSR 69) is authorized
, with the
following amendment:
On page one, subsection 1.1., by striking out "§§33-9-7(d)(1)(C)(iii)" and by inserting in lieu thereof "§§33-7-
9(d)(1)(C)(iii)";
On page two, subsection 3.1, by striking out the words
"January 1, 2006", and by inserting in lieu thereof the words "the
effective date of this rule";
On page two, subsection 3.1, by striking out "§§33-9-
7(d)(1)(C)(iii)" and by inserting in lieu thereof "§§33-7-
9(d)(1)(C)(iii)";
On page two, subsection 3.2, by striking out "§§33-9-
7(d)(1)(C)(iii)" and inserting in lieu thereof "§§33-7-
9(d)(1)(C)(iii)";
And,
On page four, subsection 6.1, by striking out the words
"January 1, 2006", and by inserting in lieu thereof the words "the
effective date of this rule".
(g) The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section ten, 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 December, two thousand four,
relating to the Insurance Commissioner (insurance fraud prevention,
114 CSR 71) is authorized.
(h)
The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the
authority of section ten, 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 December, two thousand four,
relating to the Insurance Commissioner (small employer eligibility
requirements, 114 CSR 73) is authorized.
§64-7-3. Racing Commission.
The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, 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 December, two thousand four,
relating to the Racing Commission (thoroughbred racing, 178 CSR 1)
is authorized, with the following amendment:
On page twenty-eight, paragraph 39.41.3.a., by striking out
the word "entry" and inserting in lieu thereof the word "start";
And,
On page twenty-eight, paragraph 39.41.3.b., by striking out
the word "entry" and inserting in lieu thereof the word "start".
§64-7-4. Tax Commissioner.
(a) The legislative rule filed in the State Register on the
sixteenth day of August, two thousand four, under the authority of section five, article ten, chapter eleven of this code modified by
the Tax Department to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the
twenty-ninth day of November, two thousand four, relating to the
Tax Department (Consumers Sales and Service Tax and Use Tax -
executive orders declaring emergency and exempting from tax mobile
homes and similar units and building materials used and consumed in
repair or replacement of residences and businesses damaged in a
disaster, 110 CSR 15I) is authorized.
(b) The legislative rule filed in the State Register on the
twenty-twenty-fifth day of August, two thousand four, under the
authority of section eleven, article one-a, chapter eleven of this
code modified by the Tax Department to meet the objections of the
Legislative Rule-making Review Committee and refiled in the State
Register on the twenty-first day of December, two thousand four,
relating to the Tax Department (valuation of active and reserve
coal for ad valorem property tax purposes, 110 CSR 1I) is
authorized.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand four, under the authority
of section eleven, article one-a, chapter eleven of this code and
section five-a, article one-c, chapter eleven of this code modified
by the Tax Department to meet the objections of the Legislative
Rule-making Review Committee and refiled in the State Register on the twenty-ninth day of November, two thousand four, relating to
the Tax Department (valuation of producing and reserve oil and gas
for ad valorem property tax purposes, 110 CSR 1J) is authorized,
with the following amendment:
On page ten, subsection 4.14., by striking out the word "July"
and inserting in lieu thereof the word "August";
And,
On page ten, subsection 4.16., by striking out the entire
subsection and inserting in lieu thereof the following
"4.16. Valuation of the Producer's Personal Property at Non-
Producing or Shut-In Wells - The valuation of the producer's
personal property that is part of a non-producing or shut-in well's
appraisal will be assigned to the producer at the same value
applied to home use only wells.".