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.