Senate Bill No. 303

(By Senators Ross, Anderson, Minard,

Snyder, Unger and Minear)

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[Introduced March 2, 2001; referred to the

Committee on Finance;

and then to

the Committee on the Judiciary.]

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A BILL to amend and reenact section one, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the alcohol beverage control commissioner to promulgate a legislative rule relating to cigarettes produced for export and imported cigarettes.

Be it enacted by the Legislature of West Virginia:
That section one, 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.

 §64-7-1. Alcohol beverage control commissioner.
(a) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, under the authority of section six, article three-a, chapter sixty of this code, modified by the alcohol beverage control commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the ninth day of November, one thousand nine hundred ninety-nine, relating to the alcohol beverage control commissioner (retail licensee operations, 175 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, under the authority of section ten, article seven, chapter sixty of this code, modified by the alcohol beverage control commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of December, one thousand nine hundred ninety-nine, relating to the alcohol beverage control commissioner (private club licensing, 175 CSR 2), is authorized, with the following amendments:
On page one, section 2.1, line one, following the word "beer", and the comma, by inserting the words "including barley beer" followed by a comma;
On page one, section 2.1, line one, following the word "wine", by inserting a comma and the words "including barley wine" followed by a comma;
Beginning on page five, section 3.2.1.c, line two, by striking out the words "W.Va. Code §60-7-2(a), (1), (2)", and inserting in lieu thereof the words "W.Va. Code §60-7-2(a)(1) and W.Va. Code §60-7-2(a)(2)";
On page nine, section 3.4.2, beginning on line one, following the words "specified in", by striking out the words "W.Va. Code §60-8-6", and inserting in lieu thereof the words "W.Va. Code §60-7-6(a)";
On page twelve, section 4.11.5, line two, following the words "ten (10:00)", by striking out the words "p.m. cold", and inserting in lieu thereof the words "p.m. Cold";
And,
On page thirteen, section 4.14.3, line one, following the word "Commissioner" and the comma, by inserting the word "receive".
(c) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section five, article nine, chapter sixty, of this code, modified by the alcohol beverage control commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of February, two thousand one, relating to the alcohol beverage control commissioner (cigarettes produced for export; imported cigarettes, 175 CSR 8), is authorized.

NOTE: The purpose of this bill is to authorize the Alcohol Beverage Control Commissioner to promulgate a legislative rule relating to Cigarettes Produced for Export and Imported Cigarettes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.