Senate Bill No. 185
(By Senators Ross, Anderson,
Macnaughtan
,
Boley and Buckalew)
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[Introduced March 3, 1997; referred to the
Committee on Banking and Insurance;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section three, article
seven, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as
amended, relating to authorizing the insurance
commissioner to promulgate a legislative rule relating to individual medical savings accounts.
Be it enacted by the Legislature of West Virginia:
That section three, 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.
§64-7-3. Insurance commissioner.
(a) The legislative rules rule 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, 114 CSR 41), are
is authorized.
(b) The legislative rules rule 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, 114 CSR 15), 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 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, 114 CSR 20), 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 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, 114 CSR 42),
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 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, 114 CSR 45), are is
authorized.
(f) 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 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, 114 CSR 37), are is
authorized.
(g) 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 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, 114 CSR 44), are is
authorized.
(h) 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, 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, 114 CSR 46), are is
authorized.
(i) 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, 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,
114 CSR 43), are is authorized.
(j) The legislative rule filed in the state register
on the twenty-ninth day of August, one thousand nine
hundred ninety-six, authorized under the authority of section twenty, article fifteen, 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
thirty-first day of January, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(individual medical savings accounts, 114 CSR 47), is
authorized.
NOTE: The purpose of this bill is to authorize the
Insurance Commissioner to promulgate a legislative rule
relating to Individual Medical Savings Accounts.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.