Senate Bill No. 482

(By Senator Bowman)

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[Introduced February 12, 1998; referred to the Committee on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four-a, relating to regulating the business of purchasing the right to receive the future payments from an annuity, court settlement, lottery payoff, sweepstakes payoff or other similar payment arrangement.

Be it enacted by the Legislature of West Virginia:
That chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article four-a, to read as follows:
ARTICLE 4A. REGULATION OF BUSINESS OF PURCHASING RIGHT TO FUTURE
PAYMENTS.

§46A-4A-1. License required to engage in business of purchasing right to receive certain future payments; submission of proposed legislation and rules.

(a) No person may engage in the business of purchasing the right to receive the future payments from an annuity, court settlement, lottery payoff, sweepstakes payoff or other similar payment arrangement without a license issued by the banking commissioner.
(b) The commissioner shall prepare suggested legislation the commissioner determines reasonable and necessary or convenient to adequately regulate the business of purchasing the right to receive the future payments from an annuity, court settlement, lottery payoff, sweepstakes payoff or other similar payment arrangement and submit it to the joint committee on government and finance no later than the first day of December, one thousand nine hundred ninety-eight. The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a, the commissioner determines reasonable and necessary or convenient to regulate the practice of purchasing the right to receive future payments from an annuity, court settlement, lottery payoff, sweepstakes payoff or other similar payment arrangements. The proposed legislation and rules shall include, at a minimum, provisions:
(1) Protecting citizens from unreasonable business tactics and pressures involved in the business;
(2) Establishing reasonable guidelines for regulating those entities engaged in the business to ensure that the purchase price is the present value of the amount of the future payments to be received, minus a reasonable profit, considering the risk that all future payments may not be received;
(3) Establishing procedures for issuing, renewing, revoking and rescinding licenses; and
(4) Establishing fees for issuing and renewing licenses.
(c) The commissioner may not issue a license to allow a person to engage in the business of purchasing the right to receive the future payments from an annuity, court settlement, lottery payoff, sweepstakes payoff or other similar payment arrangement until the rules submitted in accordance with this section are approved by the Legislature.



NOTE: The purpose of this bill is to provide for the regulation of the business of purchasing the right to receive the future payments from annuities, court settlements, lottery payoffs, sweepstakes payoffs or other similar payment arrangements.

This article is new; therefore, strike-throughs and underscoring have been omitted.