Senate Bill No. 768
(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter,
Kessler, Oliverio, Ross, Schoonover, Snyder, White, Buckalew, Deem,
Kimble and Scott)
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[Originating in the Committee on the Judiciary;
reported March 4, 1998.]
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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 certain rules.
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 rule filed in the state register on the second day of July, 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 twentieth day of
February, one thousand nine hundred ninety-seven, relating to the
insurance commissioner (medicare supplement insurance, 114 CSR 24),
is authorized.
(b) 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 fifteen, article four,
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 thirtieth
day of January, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (life and health reinsurance agreements,
114 CSR 48), is authorized.
(c) 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 disapproved and is not authorized for
promulgation.
(d) 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 authorized, 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 requirements by states which represent 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."
(e) 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 one, article fifteen-c, 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 twentieth
day of February, one thousand nine hundred ninety-seven, relating
to the insurance commissioner (diabetes, 114 CSR 52), is
authorized.
(f) 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-three, article
four-c, chapter sixteen 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 (emergency medical services,
114 CSR 50), is authorized.
(g) 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 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 (utilization management, 114 CSR 51), is
authorized.
(h) 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 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 (replacement of life insurance, 114 CSR
8), is authorized.