COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 171
(By Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan)
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[Originating in the Committee on the Judiciary;
reported February 21, 1996.]
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A BILL to amend and reenact article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article by
adding thereto a new section, designated section four, 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 and 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 legislative rules as amended by the
Legislature; authorizing certain of the agencies to promulgate
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee;
authorizing the division of banking to promulgate legislative
rules relating to the legal lending limit, as modified;
authorizing the division of banking to promulgate legislative
rules relating to permissible additional charges in connection
with a consumer credit sale, as modified; authorizing the
division of banking to promulgate legislative rules relating
to the West Virginia industrial bank and industrial loan
company act, as modified; authorizing the division of banking
to promulgate legislative rules relating to the West Virginia
consumer credit and protection act, as modified; authorizing
the division of banking to promulgate legislative rules
relating to the West Virginia consumer credit and protection
act and the industrial bank and industrial loan company act,
as modified; authorizing the tax division to promulgate
legislative rules relating to the international fuel tax
agreement, as modified; authorizing the tax division to promulgate legislative rules relating to bingo, as modified;
authorizing the tax division to promulgate legislative rules
relating to the tax credit for employing former members of the
Colin Anderson center, as modified; authorizing the tax
division to promulgate legislative rules relating to pollution
control facilities, as modified; authorizing the tax division
to promulgate legislative rules relating to the business and
occupation tax, as modified; authorizing the insurance
commissioner to promulgate legislative rules relating to
actuarial opinions and memoranda, as modified; authorizing the
insurance commissioner to promulgate legislative rules
relating to examiners' compensation, qualifications and
classification, as modified; authorizing the insurance
commissioner to promulgate legislative rules relating to
excess line brokers, as modified; authorizing the insurance
commissioner to promulgate legislative rules relating to
continuing education for insurance agents, as modified;
authorizing the insurance commissioner to promulgate
legislative rules relating to recognizing mortality tables for
use in determining reserve liability for annuities, as
modified; authorizing the insurance commissioner to promulgate legislative rules relating to substandard risk motor vehicle
insurance notice requirements, as modified; authorizing the
insurance commissioner to promulgate legislative rules
relating to minimum reserve standards for individual and group
health insurance contracts, as modified; authorizing the
insurance commissioner to promulgate legislative rules
relating to filing procedures for health maintenance
organizations, as modified; authorizing the insurance
commissioner to promulgate legislative rules relating to
health maintenance organizations, as modified; authorizing the
lottery commission to promulgate legislative rules relating to
licensees and the Americans with disabilities act, as
modified; and authorizing the lottery commission to promulgate
legislative rules relating to the state lottery, as modified.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended by
adding thereto a new article, designated article four, all to read
as follows:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.
§64-7-1. Division of banking.
(a) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section twenty-six, article four,
chapter thirty-one-a of this code, modified by the division of
banking to meet the objections of the legislative rule-making
review committee and refiled in the state register on the first day
of December, one thousand nine hundred ninety-five, relating to the
division of banking (legal lending limit, 106CSR9), are authorized.
(b) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section four, article two,
chapter thirty-one-a of this code modified by the division of
banking to meet the objections of the legislative rule-making
review committee and refiled in the state register on the first day
of December, one thousand nine hundred ninety-five, relating to the
division of banking (permissible additional charges in connection
with a consumer credit sale, 106CSR11), are authorized.
(c) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of section twenty-six, article
seven, chapter thirty-one of this code, modified by the division of
banking to meet the objections of the legislative rule-making
review committee and refiled in the state register on the first day
of December, one thousand nine hundred ninety-five, relating to the
division of banking (West Virginia industrial bank and industrial
loan company act, 106CSR5), are authorized.
(d) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section four, article two,
chapter thirty-one-a of this code, modified by the division of
banking to meet the objections of the legislative rule-making
review committee and refiled in the state register on the first day
of December, one thousand nine hundred ninety-five, relating to the
division of banking (West Virginia consumer credit and protection
act, 106CSR4), are authorized.
(e) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section twenty-six, article
seven, chapter thirty-one of this code, modified by the division of
banking to meet the objections of the legislative rule-making review committee and refiled in the state register on the first day
of December, one thousand nine hundred ninety-five, relating to the
division of banking (West Virginia consumer credit and protection
act and the industrial bank and industrial loan company act,
106CSR2), are authorized.
§64-7-2. Department of tax and revenue;
division of tax division;
and state
tax commissioner.
(a) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section twelve, article fourteen-
b, chapter eleven of this code, modified by the tax division to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day of
September, one thousand nine hundred ninety-five, relating to the
tax division (international fuel tax agreement, 110CSR14B), are
authorized.
(b) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section twenty-three, article
twenty, chapter forty-seven of this code, modified by the tax division to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fourth day of January, one thousand nine hundred ninety-six,
relating to the tax division (bingo, 110CSR16), are authorized with
the amendments set forth below:
"On page seven, subdivision 3.1.9, by striking out the word
'are' and inserting in lieu thereof the word 'is';
On page nineteen, subsection 11.1, by striking out the words
'limited occasion licenses' and inserting in lieu thereof the words
'limited occasion licensees';
On page twenty-three, subdivision 16.1.4, by striking out the
words 'these regulations' and inserting in lieu thereof the words
'this rule';
And,
On page twenty-five, subsection 18.1, by striking out the
words 'these regulations' and inserting in lieu thereof the words
'this rule'."
(c) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section three, article thirteen-
i, chapter eleven of this code, modified by the tax division to meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day of
September, one thousand nine hundred ninety-five, relating to the
tax division (tax credit for employing former members of Colin
Anderson center, 110CSR13I), are authorized.
(d) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section four, article six-a,
chapter eleven of this code, modified by the tax division to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of
September, one thousand nine hundred ninety-five, relating to the
tax division (pollution control facilities, 110CSR6), are
authorized.
(e) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section five, article ten,
chapter eleven of this code, modified by the tax division to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the first day of December, one
thousand nine hundred ninety-five, relating to the tax division (business and occupation tax, 110CSR13), are authorized.
§64-7-3. Insurance commissioner.
(a) The legislative rules filed in the state register on the
twenty-seventh day of July, one thousand nine hundred ninety-five,
authorized under the authority of section nine, article seven,
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-
seventh day of November, one thousand nine hundred ninety-five,
relating to the insurance commissioner (actuarial opinion and
memorandum rule, 114CSR41), are authorized.
(b) The legislative rules filed in the state register on the
twenty-seventh day of July, one thousand nine hundred ninety-five,
authorized 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 twenty-seventh
day of November, one thousand nine hundred ninety-five, relating to
the insurance commissioner (examiners' compensation, qualifications
and classification, 114CSR15), are authorized.
(c) The legislative rules filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section eleven, article twelve,
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-
seventh day of November, one thousand nine hundred ninety-five,
relating to the insurance commissioner (excess line brokers,
114CSR20), are authorized.
(d) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized 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 twenty-seventh
day of November, one thousand nine hundred ninety-five, relating to
the insurance commissioner (continuing education for insurance
agents, 114CSR42), are authorized.
(e) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section nine, article seven,
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-
seventh day of November, one thousand nine hundred ninety-five,
relating to the insurance commissioner (recognizing mortality
tables for use in determining reserve liability for annuities,
114CSR45), are authorized.
(f) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section thirty-one-c, article
six, 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-
seventh day of November, one thousand nine hundred ninety-five,
relating to the insurance commissioner (substandard risk motor
vehicle insurance notice requirements, 114CSR37), are authorized.
(g) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section nine, article seven,
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-seventh day of November, one thousand nine hundred ninety-five,
relating to the insurance commissioner (minimum reserve standards
for individual and group health insurance contracts, 114CSR44), are
authorized.
(h) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section twenty, article twenty-
five-a, 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-seventh day of November, one thousand nine hundred
ninety-five, relating to the insurance commissioner (filing
procedures for health maintenance organizations, 114CSR46), are
authorized.
(i) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section twenty, article twenty-
five-a, 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-seventh day of November, one thousand nine hundred ninety-five, relating to the insurance commissioner (health
maintenance organizations, 114CSR43), are authorized.
§64-7-4. Lottery commission.
(a) The legislative rules filed in the state register on the
twenty-sixth day of May, one thousand nine hundred ninety-five,
under the authority of section ten, article twenty-two, chapter
twenty-nine of this code, modified by the lottery commission to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the fifteenth day of June, one
thousand nine hundred ninety-five, relating to the lottery
commission (licensees and the Americans with disabilities act,
179CSR3), are authorized.
(b) The legislative rules filed in the state register on the
twenty-fourth day of July, one thousand nine hundred ninety-five,
under the authority of section five, article twenty-two, chapter
twenty-nine of this code, modified by the lottery commission to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the fourteenth day of
September, one thousand nine hundred ninety-five, relating to the
lottery commission (state lottery rule, 179CSR1), are authorized.
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(NOTE: The purpose of this bill is to authorize the Division
of Banking to promulgate legislative rules relating to the legal
lending limit; relating to permissible additional charges in
connection with a consumer credit sale; relating to the West
Virginia Industrial Bank and Industrial Loan Company Act; relating
to the West Virginia Consumer Credit and Protection Act; relating
to the West Virginia Consumer Credit and Protection Act and the
Industrial Bank and Industrial Loan Company Act; relating to the
International Fuel Tax Agreement; authorize the Tax Division to
promulgate legislative rules relating to bingo; relating to the tax
credit for employing former members of the Colin Anderson Center;
relating to the business and occupation tax; authorize the
Insurance Commissioner to promulgate legislative rules relating to
actuarial opinions and memoranda; relating to examiners'
compensation, qualifications and classification; relating to excess
line brokers; relating to continuing education for insurance
agents; relating to recognizing mortality tables for use in
determining reserve liability for annuities; relating to
substandard risk motor vehicle insurance notice requirements;
relating to minimum reserve standards for individual and group
health insurance contracts; relating to filing procedures for
health maintenance organizations; relating to health maintenance
organizations; authorize the Lottery Commission to promulgate
legislative rules relating to licensees and the Americans with
Disabilities Act; and relating to the State lottery.)