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ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 417
(By Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer)
__________
[Originating in the Committee on the Judiciary;
reported February 22, 2008.]
__________
A BILL
to amend and reenact article 7, chapter 64 of the Code of
West Virginia,
1931
, as amended, relating generally to the
promulgation of administrative rules by the Department of
Revenue and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain
legislative rules; 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 certain legislative rules with
various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain
of the agencies to promulgate certain legislative rules as
amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee and as amended by the
Legislature;
authorizing the Alcohol Beverage Control
Commission to promulgate a legislative rule relating to retail
licensee operations
; authorizing the Alcohol Beverage Control
Commission to promulgate a legislative rule relating to farm
wineries;
authorizing the Alcohol Beverage Control Commission
to promulgate a legislative rule relating to the sale of wine
;
authorizing the Insurance Commissioner to promulgate a
legislative rule relating to guaranteed loss ratios as applied
to individual sickness and accident insurance policies
;
authorizing the Insurance Commissioner to promulgate a
legislative rule relating to mental health parity
;
authorizing
the Insurance Commissioner to promulgate a legislative rule
relating to recognition of preferred mortality tables for use
in determining minimum reserve liabilities
;
authorizing the
Insurance Commissioner to promulgate a legislative rule
relating to the replacement of life insurance policies and
annuity contracts
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to military sales
practices
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to suitability in
annuity transactions
; authorizing the Insurance Commissioner
to promulgate a legislative rule relating to life insurance
disclosures;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to life insurance illustrations
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to examiners and
examinations
; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to the licensing and
conduct of insurance producers, agencies and solicitors;
authorizing the Insurance Commissioner to promulgate a
legislative rule relating to fingerprinting requirements for
applications for an insurance producer license;
authorizing
the Insurance Commissioner to promulgate a legislative rule
relating to advertisement of life insurance and annuities;
authorizing the Lottery Commission to promulgate a legislative
rule
relating to racetrack table games
; and
authorizing the
State Tax
Division to promulgate a legislative rule relating to the exchange
of information agreement between the Commissioner of the Tax
Division of the Department of Revenue and the Commissioner of the
Division of Labor of the Department of Commerce, the Commissioner
of the Insurance Commission of the Department of Revenue, the
Commissioner of the Division of Motor Vehicles of the Department of
Transportation, the Commissioner of the Bureau of Employment
Programs and the Office of the Governor.
Be it enacted by the Legislature of West Virginia:
That article 7, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO PROMULGATE
LEGISLATIVE RULES.
§64-7-1. Alcohol Beverage Control Commission.
(a)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section six, article three-a, chapter sixty of this
code, modified by the Alcohol Beverage Control Commission to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of January,
two thousand eight, relating to the Alcohol Beverage Control
Commission (retail licensee operations, 175 CSR 1), is authorized.
(b)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section twenty-three, article eight, chapter sixty of
this code, modified by the Alcohol Beverage Control Commission to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twenty-second day of
January, two thousand eight, relating to the Alcohol Beverage
Control Commission (farm wineries, 175 CSR 3), is authorized.
(c)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section six, article three-a, chapter sixty of this
code, modified by the Alcohol Beverage Control Commission to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of January,
two thousand eight, relating to the Alcohol Beverage Control
Commission (sale of wine, 175 CSR 4), is authorized
.
§64-7-2. Insurance Commissioner.
(a)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (guaranteed
loss ratios as applied to individual sickness and accident
insurance policies, 114 CSR 31), is authorized.
(b)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section ten, article two, chapter thirty-three of
this code, relating to the Insurance Commissioner (mental health
parity, 114 CSR 64), is authorized.
(c)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (recognition
of preferred mortality tables for use in determining minimum
reserve liabilities, 114 CSR 69A), is authorized.
(d)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (replacement
of life insurance policies and annuity contracts, 114 CSR 8), is
authorized.
(e)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (military
sales practices, 114 CSR 82), is authorized.
(f)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (suitability
in annuity transactions, 114 CSR 11B), is authorized.
(g)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (life
insurance disclosures, 114 CSR 11A), is authorized.
(h)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (life
insurance illustrations, 114 CSR 11C), is authorized.
(i)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section ten, article two, chapter thirty-three of
this code, relating to the Insurance Commissioner (examiners and
examinations, 114 CSR 15), is authorized.
(j)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section ten, article two, chapter thirty-three of
this code, relating to the Insurance Commissioner (licensing and
conduct of insurance producers, agencies and solicitors, 114 CSR
2), is authorized.
(k)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner
(fingerprinting requirements for applications for insurance
producer license, 114 CSR 2A), is authorized.
(l) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner
(advertisement of life insurance and annuities, 114 CSR 11), is
authorized.
§64-7-3. Lottery Commission.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article twenty-two-c, chapter
twenty-nine of this code, modified by the Lottery Commission to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twenty-sixth day of
December, two thousand seven, relating to the Lottery Commission
(racetrack table games, 179 CSR 8), is authorized with the
amendment set forth below:
On page ninety-four, section one hundred ten, by striking out the words "section eleven" and inserting in lieu thereof the words
"sections one hundred fourteen through one hundred twenty-six".
§64-7-4. State Tax Department.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section five-s, article ten, chapter eleven of
this code, modified by the State Tax Department to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-ninth day of December,
two thousand seven, relating to the State Tax Department (exchange
of information agreement between the Commissioner of the Tax
Division of the Department of Revenue and the Commissioner of the
Division of Labor of the Department of Commerce, the Commissioner
of the Insurance Commission of the Department of Revenue, the
Commissioner of the Division of Motor Vehicles of the Department of
Transportation, the Commissioner of the Bureau of Employment
Programs and the Office of the Governor, 110 CSR 50D), is
authorized.