Senate Bill No. 84
(By Senators Minard and Sharpe)
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[Introduced February 19, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section one hundred two, article
seven, chapter forty-six-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the consumer credit and protection act; and granting
immunity from liability under that act to persons who rely
upon interpretations, written notices, opinions, findings or
examination reports of the West Virginia attorney general or
the commissioner of banking.
Be it enacted by the Legislature of West Virginia:
That section one hundred two, article seven, chapter forty-
six-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 7. ADMINISTRATION.
§46A-7-102. Power of attorney general; reliance on rules of
attorney general or commissioner of banking; duty to report.
(1) In addition to other powers granted by this chapter, theattorney general within the limitations provided by law may:
(a) Receive and act on complaints, take action designed to
obtain voluntary compliance with this chapter or commence
proceedings on his own initiative;
(b) Counsel persons and groups on their rights and duties
under this chapter;
(c) Establish programs for the education of consumers with
respect to credit practices and problems;
(d) Make studies appropriate to effectuate the purposes and
policies of this chapter and make the results available to the
public;
(e) Adopt, amend and repeal such reasonable rules and
regulations, in accordance with the provisions of chapter twenty-
nine-a of this code, as are necessary and proper to effectuate
the purposes of this chapter and to prevent circumvention or
evasion thereof; and
(f) Delegate his powers and duties under this chapter to
qualified personnel in his office, who shall act under the
direction and supervision of the attorney general and for whose
acts he shall be responsible.
(2) Except for refund of an excess charge, no liability is
imposed under this chapter for an act done or omitted in
conformity with a rule or opinion of the attorney general or any
rule, regulation, opinion or interpretation of a written notice
or examination report of the commissioner of banking,
notwithstanding that after the act or omission the rule,regulation, opinion or interpretation may be amended or repealed
or be determined by judicial or other authority to be invalid for
any reason. Any form or procedure which has been submitted to
the commissioner and the attorney general in writing and approved
in writing by them shall not be deemed a violation of the penalty
provisions of this chapter notwithstanding that such approval may
be subsequently amended or rescinded or be determined by judicial
or other authority to be invalid for any reason.
(3) On or before December first of each year, the attorney
general and commissioner shall jointly or separately submit a
report or reports to the governor and to the Legislature on the
operation of their offices, on the use of consumer credit and on
consumer protection problems in the state, and on the problems of
persons of small means obtaining credit from persons regularly
engaged in extending sales or loan credit. For the purpose of
making such report or reports, the attorney general and
commissioner are authorized to conduct research and make
appropriate studies. The report or reports shall include a
description of the examination and investigation procedures and
policies of their offices, a statement of policies followed in
deciding whether to investigate or examine the offices of credit
suppliers subject to this chapter, a statement of the number and
percentages of offices which are periodically investigated or
examined, a statement of the types of consumer credit and
consumer protection problems of both creditors and consumers
which have come to their attention through their examinations andinvestigations and the disposition of them under existing law,
and a general statement of the activities of their offices and of
others to promote the purposes of this chapter.
NOTE: The purpose of this bill is to expand immunity from
legal liability under the Consumer Credit and Protection Act for
persons who rely upon interpretations, written notices, findings,
opinions or examination reports of the West Virginia Attorney
General or any of its commissioners.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.