Bill-Banking, Consumer Credit
H. B. 2320


(By Delegates Douglas, Hunt, Compton,

Faircloth, Linch and Riggs)

[Introduced March 3, 1997; referred to the

Committee on Banking and Insurance

then the Judiciary.]


A BILL to amend and reenact section one, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of banking to promulgate a legislative rule relating to the WV consumer credit and protection act and the money and interest article of chapter forty-seven.

Be it enacted by the Legislature of West Virginia:

That section one, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, 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. Division of banking.
(a) The legislative rules rule 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, 106 CSR 9), are is authorized.
(b) The legislative rules rule 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, 106 CSR 11), are is authorized.
(c) The legislative rules rule 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, 106 CSR 5), are is authorized.
(d) The legislative rules rule 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, 106 CSR 4), are is authorized.
(e) The legislative rules rule 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, 106 CSR 2), are is authorized.
(f) The legislative rule filed in the state register on the twenty-eighth day of August, one thousand nine hundred ninety-six, 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 twenty-first day of February, one thousand nine hundred ninety-seven, relating to the division of banking (regulations pertaining to the WV consumer credit and protection act and the money and interest article of chapter forty-seven, 106 CSR 1), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Banking to a promulgate legislative rule relating to the WV consumer Credit and Protection Act and the Money and Interest Article of Chapter Forty-seven.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.