COMMITTEE SUBSTITUTE
FOR
H. B. 4177
(By Delegates Hunt, Linch, Compton, Jenkins, Faircloth and Riggs)
(Originating in the Committee on the Judiciary)
[March 2, l998]
A BILL to amend and reenact sections one, two and three, article
seven, chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, 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 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; directing certain of the agencies to refile an existing rule
with amendment; authorizing division of banking to promulgate
legislative rules relating to permissible additional charges
in connection with consumer credit sales; authorizing division
of banking to promulgate legislative rules relating to
state-chartered banks; authorizing tax division to promulgate
legislative rules relating to bingo; authorizing tax division
to promulgate legislative rules relating to charitable
raffles; authorizing tax division to promulgate legislative
rules relating to property tax valuation of certain
manufacturing property; authorizing tax division to promulgate
legislative rules relating to tax credit for new value-added
wood manufacturing operations; authorizing tax division to
promulgate legislative rules relating to valuation of reserve
oil and natural gas for ad valorem property tax purposes;
authorizing tax division to promulgate legislative rules
relating to valuation of active and reserve coal property for
ad valorem property tax purposes; authorizing tax division to
promulgate legislative rules relating to valuation of natural
resource property other than coal, oil or natural gas for ad
valorem property tax purposes; authorizing insurance
commissioner to promulgate legislative rules relating to AIDS;
authorizing insurance commissioner to promulgate legislative
rules relating to group accident and sickness insurance issuance, portability and marketing requirements; authorizing
insurance commissioner to promulgate legislative rules
relating to group accident and sickness insurance, minimum
coverage standards; authorizing insurance commissioner to
promulgate legislative rules relating to guaranteed issue of
individual accident and sickness insurance; authorizing
insurance commissioner to promulgate legislative rules
relating to individual accident and sickness insurance,
minimum standards; authorizing insurance commissioner to
promulgate legislative rules relating to individual and
employer group accident and sickness insurance policies;
authorizing insurance commissioner to promulgate legislative
rules relating to quality assurance; and directing the
insurance commissioner to refile a rule with amendment
relating to valuation of life insurance policies.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article seven, chapter
sixty-four of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, 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 rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven,
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 third day
of October, one thousand nine hundred ninety-seven, relating to the
division of banking (permissible additional charges in connection
with a consumer credit sale, 106 CSR 11), is authorized.
(b) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section thirteen, 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 third day
of October, one thousand nine hundred ninety-seven, relating to the
division of banking (sale of insurance products by state-chartered
banks, 106 CSR 2), is authorized.
§64-7-2. Department of tax and revenue; tax division; and state tax
commissioner.
(a) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
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 eighth
day of January, one thousand nine hundred ninety-eight, relating to
the tax division (bingo, 110 CSR 16), is authorized with the
following amendment:
"On page 3, section 2.1.7., by following the words 'These
organizations' by striking the word 'shall' and inserting in lieu
thereof the word 'may';
And, to further amend the section by following the words
'determination letter from the Internal Revenue Service.' by
inserting the following sentences 'Any organization with the
federal tax exempt status listed herein, is a charitable or public
service organization under this section. Charitable or public
service organizations which have not received the above listed
federal designation, upon meeting all other requirements of this
section, qualify as a charitable or public service organization.'."
(b) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section twenty-one, article
twenty-one, 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-eighth day of January, one thousand nine hundred
ninety-eight, relating to the tax division (charitable raffles, 110
CSR 37), is authorized with the following amendment:
"On page 2, Section 2.1.3, by following the words 'These
organizations' by striking the word 'must' and inserting in lieu
thereof the word 'may';
And, to further amend the section by following the words
'determination letter from the Internal Revenue Service.' by
inserting the following sentences 'Any organization with the
federal tax exempt status listed herein, is a charitable or public
service organization under this section. Charitable or public
service organizations which have not received the above listed
federal designation, upon meeting all other requirements of this
section, qualify as a charitable or public service organization.'."
(c) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section five, article six-f,
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-sixth day of January,
one thousand nine hundred ninety-eight, relating to the tax
division (property tax valuation of certain manufacturing property,
110 CSR 6F), is authorized.
(d) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section ten, article thirteen-m,
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 eighth day of January, one
thousand nine hundred ninety-eight, relating to the tax division
(tax credit for new value-added wood manufacturing operations, 110
CSR 13M), is authorized.
(e) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section five, article one-c,
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-sixth day of January,
one thousand nine hundred ninety-eight, relating to the tax
division (valuation of producing and reserve oil and natural gas
for ad valorem property tax purposes, 110 CSR 1J), is authorized.
(f) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section eleven, article one-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-sixth day of January,
one thousand nine hundred ninety-eight, relating to the tax
division (valuation of active and reserve coal property for ad
valorem property tax purposes, 110 CSR 1I), is authorized.
(g) The legislative rule filed in the state register on the thirty-first day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section five, article one-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-sixth day of January,
one thousand nine hundred ninety-eight, relating to the tax
division (valuation of natural resources property other than coal,
oil or natural gas for ad valorem property tax purposes, 110 CSR
1K), is authorized.
§64-7-3. Insurance Commissioner.
(a) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
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-fifth day
of November, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (AIDS, 114 CSR 27), is authorized.
(b) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section seventeen, article
sixteen, 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-fifth day of November, one thousand nine hundred
ninety-seven, relating to the insurance commissioner (group
accident and sickness insurance minimum policy coverage standards,
114 CSR 39), is authorized.
(c) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
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-fifth day
of November, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (group accident and sickness insurance
issuance, portability and marketing requirements, 114 CSR 54), is
authorized.
(d) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
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 seventeenth day
of December, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (guaranteed issue of individual accident
and sickness insurance, 114 CSR 55), is authorized.
(e) The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven,
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-fifth day
of November, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (individual accident and sickness
insurance minimum standards, 114 CSR 12), is authorized.
(f) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section ten, article two, chapter
thirty-three, of this code, relating to the insurance commissioner
(individual and employer group minimum benefits accident and
sickness insurance policies, 114 CSR 33), is authorized.
(g) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
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 seventeenth day
of December, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (quality assurance, 114 CSR 53), is
authorized.
(h) The legislative rule filed in the state register on the twentieth day of August, one thousand nine hundred ninety-six,
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 eighteenth day
of February, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (valuation of life insurance policies,
114 CSR 49), is reauthorized and shall be refiled by the insurance
commissioner, with the following amendment:
On page one, section 1.4 of the rule, by striking out the
following words "effective date" and inserting in lieu thereof the
following:
"The effective date of this rule shall be the first day of
January of the calendar year immediately following the adoption of
substantially similarly requirement by states with an aggregate
population of at least fifty-one percent of the total population of
the United States of America according to the most recent General
Federal Census."