SB127 HJUD AM 3-1
The Committee on Judiciary moves to amend the bill on page 1, after the enacting clause by striking out everything after the enacting section and inserting in lieu thereof the following:
That §64-7-1, §64-7-2, §64-7-3, §64-7-4 and §64-7-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. Authorization for Department of Revenue to promulgate legislative rules.
§64-7-1. Insurance Commissioner.
(a) The legislative rule filed in the State Register on August 22, 2016, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (adoption of valuation manual, 114 CSR 98), is authorized.
(b) The legislative rule effective on May 16, 1997, authorized under the authority of section four, article twenty-five-a, chapter thirty-three of this code, relating to the Office of the Insurance Commissioner (utilization management, 114 CSR 51), is repealed.
(c) The legislative rule effective on December 28, 1981, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Office of the Insurance Commissioner (Medicare supplement insurance coverage, 114 CSR 17), is repealed.
§64-7-2. Racing Commission.
(a) The legislative rule filed in the State Register on August 18, 2016, authorized under the authority of section two, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 19, 2016, relating to the Racing Commission (thoroughbred racing, 178 CSR 01), is authorized with the following amendment:
On pages 91 through 93, by striking out all of subdivision 49.3.m. and inserting in lieu thereof a new subdivision 49.3.m. to read as follows:
49.3.m. Multiple Medication Violations. A trainer who
receives a penalty for a medication violation based upon a horse testing
positive for a Class 1-5 medication with a Penalty Class A-D C,
as provided in the Uniform Classification Guidelines for Foreign Substances as
promulgated by the Association of Racing Commissioners International (RCI), Version
12.0 (revised January April 8, 2014 2016), set
forth in table 178-1D at the end of this rule, shall be assigned points as
follows:
Penalty Class |
Points if Controlled Therapeutic Substance |
Points if Non-Controlled Substance |
Class A |
N/A |
6
|
Class B |
2 |
4 |
Class C |
|
|
Class D |
|
|
49.3.m.1. If the stewards or the Commission determine that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.
49.3.m.-1 49.3.m.2. The points assigned to
a medication violation by the stewards’ or the Commission’s ruling shall be
included in the Association of Racing Commissioners International official
database. and the The Association of Racing Commissioners
International shall assign record points consistent with the
table set forth under subdivision 49.3.m. for advisory purposes for
medication violations where points have not been assigned by regulatory action
including, when appropriate, a designation that the points have been
suspended for the medication violation. Points assigned by such regulatory
ruling or by the Association of Racing Commissioners International shall
reflect, in the case of multiple positive tests as described in paragraph
49.3.m.3, whether they shall thereafter constitute a single violation.
The stewards’ or the Commission’s ruling shall be posted on the official
website of the Commission and within the official database of the Association
of Racing Commissioners International. If an appeal is pending, that fact
shall be noted in such ruling. No points shall be applied until a final
adjudication of the enforcement of any such violation.
49.3.m.2 49.3.m.3. A trainer’s cumulative
points for violations in all racing jurisdictions shall be maintained by the
Association of Racing Commissioners International. Once all appeals are waived
or exhausted, the points shall immediately become part of the trainer’s
official Association of Racing Commissioners International record and shall be
considered by the stewards or the Commission in their determination to subject
the trainer to the mandatory enhanced penalties as provided in this rule.
49.3.m.3. 49.3.m.4. Multiple positive tests
for the same medication incurred by a trainer prior to delivery of official
notice by the stewards or the Commission may be treated as a single violation.
In the case of a positive test indicating multiple substances found in a single
post-race sample, the stewards or the Commission may treat each substance found
as an individual violation for which points will be assigned, depending upon
the facts and circumstances of the case.
49.3.m.4. 49.3.m.5. The official
Association of Racing Commissioners International record shall be used to
advise the stewards or the Commission of a trainer’s past record of violations
and cumulative points. Nothing in this rule shall be construed to confer upon
a trainer the right to appeal a violation for which the remedies have been
exhausted or for which the appeal time has expired as provided by West Virginia
Code §§ 19-23-16(c) and 19-23-17.
49.3.m.5. 49.3.m.6. The stewards or the
Commission shall consider all points for violations in all racing jurisdictions
as contained in the trainers’ official Association of Racing Commissioners
International record when determining whether the mandatory enhancements
provided in this rule shall be imposed.
49.3.m.6. 49.3.m.7. In addition to the
penalty for the underlying offense, the following enhancements shall be imposed
upon a trainer based upon the cumulative points contained in his or her
official Association of Racing Commissioners International record:
Points |
Suspension in days |
|
15 to 30 |
6-8.5 |
45 to 60 |
9-10.5 |
90 to 180 |
11 or more |
180 to 360 |
49.3.m.7. 49.3.m.8. The multiple medication
violation penalty system is not a substitute for the penalty system otherwise
set forth in this rule and is intended to be an additional uniform penalty when
a permit holder:
49.3.m.7.A. 49.3.m.8.A. Has more than one
violation for the relevant time period; and
49.3.m.7.B. 49.3.m.8.B. Exceeds the
permissible number of points.
49.3.m.9. The stewards and the Commission shall consider aggravating and mitigating factors, including the trainer’s prior record for medication violations, when determining the appropriate penalty for the underlying offense. The multiple medication violation penalty is intended to be a separate and additional penalty for a pattern of violations.
49.3.m.8. 49.3.m.10. The suspension periods
as provided in the table set forth under paragraph 49.3.m.6. shall run
consecutive to any suspension imposed for the underlying offense.
49.3.m.9. 49.3.m.11. The stewards’ or the
Commission’s ruling shall distinguish between the penalty for the underlying
offense and any enhancement based upon a stewards’ or Commission review of a
trainer’s cumulative points and regulatory record, which may be considered an
aggravating factor in a case.
49.3.m.10. 49.3.m.12. Any trainer who
has received a medication violation may petition the Association of Racing
Commissioners International to expunge the points received for the violation
for the purpose of the multiple medication violation penalty system only. The
points shall be expunged by the Association of Racing Commissioners International
or upon request of the trainer Points shall expire as follows:
Penalty Classification |
Time to Expungement |
A |
|
B |
|
C |
|
|
|
49.3.m.-13. In the case of a medication violation that results in a suspension, any points assessed expire on the anniversary date of the date the suspension is completed.
(b) The legislative rule filed in the State Register on August 18, 2016, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 19, 2016, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 05), is authorized.
§64-7-3. Lottery Commission.
The legislative rule filed in the State Register on August 22, 2016, authorized under the authority of section four hundred two, article twenty-two-b, 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 December 7, 2016, relating to the Lottery Commission (limited video lottery, 179 CSR 5), is authorized with the following amendments:
On page 4, subdivision 2.12.1., after the words “straight-line feet from”, by inserting the words “the closest exterior wall of”;
On page 4, subdivision 2.12.1., after the word “engine”, by inserting the words “as determined by the commission during the license application review”;
On page 4, paragraph 2.12.2.a., following the designation “(ii)”, by striking out the word “with” and inserting in lieu thereof the word “has”;
On page 4, paragraph 2.12.2.b., following the words “requirement in”, by striking out the words “section 2.12.2.” and inserting in lieu thereof the words “this subdivision 2.12.2. of this subsection.”;
On page 4, after paragraph 2.12.2.b., before the words “The provisions of any” by inserting “2.12.3.”;
And,
On page 4, subdivision 2.12.3. by striking out “2.12”.
§64-7-4. Tax Division.
(a) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (listing of interests in natural resources for purposes of first statewide appraisal, 110 CSR 1B), is repealed.
(b) The legislative rule effective on May 13, 1987, authorized under the authority of section twenty-nine-a, article one-a, chapter eleven of this code, relating to the Tax Division (guidelines for assessors to assure fair and uniform nonutility personal property values,110 CSR 1C), is repealed.
(c) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review by circuit court on certiorari, 110 CSR 1D), is repealed.
(d) The legislative rule effective on June 12, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review of appraisals by the county commission sitting as an administrative appraisal review board, 110 CSR 1E), is repealed.
(e) The legislative rule effective on May 13, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (additional review and implementation of property appraisals, 110 CSR 1F), is repealed.
(f) The legislative rule effective on May 13, 1987, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (review by circuit court on certiorari, 110 CSR 1G), is repealed.
(g) The legislative rule effective on June 29, 1964, authorized under the authority of article one, chapter eleven of this code, relating to the Tax Division (revision of levy estimates, 110 CSR 8), is repealed.
(h) The legislative rule effective on September 16, 1966, authorized under the authority of article ten, chapter eleven of this code, relating to the Tax Division (inheritance and transfer tax, 110 CSR 11), is repealed.
(i) The legislative rule effective on January 1, 1974, authorized under the authority of section five-a, article ten, chapter eleven of this code, relating to the Tax Division (annual tax on incomes of certain carriers, 110 CSR 12A), is repealed.
(j) The legislative rule effective on April 4, 1988, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Tax Division (telecommunications tax, 110 CSR 13B), is repealed.
(k) The legislative rule effective on May 1, 1996, authorized under the authority of section three, article thirteen-i, chapter eleven of this code, relating to the Tax Division (tax credit for employing former members of Colin Anderson Center, 110 CSR 13I), is repealed.
(l) The legislative rule effective on May 1, 1999, authorized under the authority of section seven, article thirteen-m, chapter eleven of this code, relating to the Tax Division (tax credits for new value-added, wood manufacturing facilities, 110 CSR 13M), is repealed.
(m) The legislative rule effective on May 1, 1999, authorized under the authority of section seven, article thirteen-n, chapter eleven of this code, relating to the Tax Division (tax credits for new steel, aluminum and polymer manufacturing operations, 110 CSR 13N), is repealed.
(n) The legislative rule effective on May 1, 1995, authorized under the authority of section five, article ten, chapter eleven of this code, relating to the Tax Division (business investment and jobs expansion tax credit, corporation headquarters relocation tax credit and small business tax credit, 110 CSR 13C), is repealed.
(o) The legislative rule effective on April 4, 1988, authorized under the authority of section one, article one-a, chapter eleven of this code, relating to the Tax Division (appraisal of property for periodic statewide reappraisals for ad valorem property tax purposes, 110 CSR 1), is repealed.
§64-7-5. Banking Commissioner.
(a) The legislative rule effective on April 23, 1982, authorized under the authority of section four, article three, chapter thirty-one-a of this code, relating to the Banking Commissioner (West Virginia Consumer Credit and Protection Act, 106 CSR 8), is repealed.
(b) The procedural rule effective on January 10, 1975, authorized under the authority of section two, article three, chapter thirty-one-a of this code, relating to the Banking Commissioner (West Virginia Board of Banking and Financial Institutions, 107 CSR 5), is repealed.
NOTE: The purpose of this bill is to permit the Department of Revenue to authorize certain rules and repeal obsolete rules.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.