Enrolled Version - Final Version
House Bill 2717 History
OTHER VERSIONS -
Committee Substitute
|
Introduced Version
|
| 
Email
Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2717
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Passed April 12, 2001; in effect from passage.]
AN ACT to amend and reenact article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating generally to the promulgation
of administrative rules by the various executive or
administrative agencies and the procedures relating thereto;
legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or
administrative agencies of the state; 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 tax commissioner to
promulgate a legislative rule relating to the valuation of
public utility property for ad valorem property tax purposes;
authorizing the tax commissioner to promulgate a legislative
rule relating to the valuation of the percentage of completion
of improvements and infrastructure development in a recorded
plan or plat
; authorizing the tax commissioner to promulgate
a legislative rule relating to bingo; authorizing the tax
commissioner to promulgate a legislative rule relating to the
cigarette excise tax
;
authorizing the tax commissioner to
promulgate a legislative rule relating to charitable raffles
;
authorizing the tax commissioner to promulgate a legislative
rule relating to the exchange of information agreement between
the state tax division and the alcohol beverage control
commission;
authorizing the insurance commissioner to
promulgate a legislative rule relating to standards for
uniform health care administration
;
authorizing the insurance
commissioner to promulgate a legislative rule relating to examiners' compensation, qualifications and classification
;
authorizing the insurance commissioner to promulgate a
legislative rule relating to medicare supplement insurance
;
authorizing the insurance commissioner to promulgate a
legislative rule relating to AIDS; authorizing the insurance
commissioner to promulgate a legislative rule relating to
continuing education for insurance agents;
authorizing the
alcohol beverage control commissioner to promulgate a
legislative rule relating to the licensing of retail liquor
stores
;
authorizing the alcohol beverage control commissioner
to promulgate a legislative rule relating to cigarettes
produced for export and imported cigarettes
;
authorizing the
alcohol beverage control commissioner to promulgate a
legislative rule relating to prohibiting the sale of tobacco
products in vending machines;
authorizing the commissioner of
banking to promulgate a legislative rule relating to the legal
lending limit;
and
authorizing the racing commission to
promulgate a legislative rule relating to thoroughbred racing
.
Be it enacted by the Legislature of West Virginia:
That 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. AUTHORITY FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Tax commissioner.
(a)
The legislative rule filed in the state register on the
eleventh day of July, two thousand, under the authority of section
five, article one-c, chapter eleven of this code, relating to the
tax commissioner (valuation of public utility property for ad
valorem property tax purposes, 110 CSR 1M), is authorized.
(b)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand, under the authority of
section one-b, article three, chapter eleven of this code, modified
by the tax commissioner to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the fifteenth day of December, two thousand, relating to the tax
commissioner (valuation of percentage of completion of improvements
and infrastructure development in a recorded plan or plat, 110 CSR
4), is authorized.
(c)
The legislative rule filed in the state register on the
thirty-first day of August, two thousand, under the authority of
section twenty-three, article twenty, chapter forty-seven of this
code, modified by the tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the state register on the twenty-seventh day of October, two thousand,
relating to the tax commissioner (bingo, 110 CSR 16), is
authorized.
(d) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand, under the authority of
section five, article ten, chapter eleven of this code, modified by
the tax commissioner to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twentieth day of September, two thousand, relating to the tax
commissioner (cigarette excise tax, 110 CSR 17), is authorized.
(e) The legislative rule filed in the state register on the
thirty-first day of August, two thousand, under the authority of
section twenty-one, article twenty, chapter forty-seven of this
code, modified by the tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-seventh day of October, two thousand,
relating to the tax commissioner (charitable raffles, 110 CSR 37),
is authorized.
(f) The legislative rule filed in the state register on the
eighteenth day of August, two thousand, under the authority of
section five, article ten, chapter eleven of this code, modified by
the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on
the twentieth day of September, two thousand, relating to the tax
commissioner (exchange of information agreement between the state
tax division and the alcohol beverage control commission, 110 CSR
50B), is authorized.
§64-7-2. Insurance commissioner.
(a) The legislative rule filed in the state register on the
first day of October, two thousand, authorized by section three,
article fifteen-b, chapter thirty-three of this code, relating to
the insurance commissioner (standards for uniform health care
administration, 114 CSR 16), is authorized
.
(b)
The legislative rule filed in the state register on the
first day of September, two thousand, 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 seventeenth day of November, two thousand,
relating to the insurance commissioner (examiners' compensation,
qualifications and classification, 114 CSR 15), is authorized.
(c)
The legislative rule filed in the state register on the
first day of September, two thousand, authorized by 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 seventeenth day of November, two thousand, relating to the
insurance commissioner (Medicare supplement insurance, 114 CSR 24),
is authorized.
(d)
The legislative rule filed in the state register on the
first day of September, two thousand, 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 seventeenth day of November, two thousand,
relating to the insurance commissioner (AIDS, 114 CSR 27), is
authorized
with the following amendment:
"On page six of the rule, subsection 5.9, by striking
subdivision 5.9 in its entirety and inserting in lieu thereof, the
following:
'5.9. The testing is required to be administered on a
nondiscriminatory basis for all individuals in the same
underwriting class. No proposed insured may be denied coverage or
rated a substandard risk on the basis of HIV testing unless
acceptable testing protocol is followed. The insurer may at its
option use a urine HIV test as an initial screening device; provided that if the urine test yields a negative result for the
purpose of HIV antibodies then HIV blood or OMT testing may be
required by the insurer. The proposed insured may not be denied
insurance coverage or rated a substandard risk on the basis of a
positive urine HIV test alone, including the use of FDA-licensed
tests. An applicant may not be denied coverage on the basis of
AIDS related testing unless:
a. An initial enzyme linked immunosorbent assay (ELISA) test
is administered to the proposed insured, and it indicates the
presence of HIV antibodies,
b. The initially reactive specimen is retested by ELISA in
duplicate and at least one of the repeat tests is reactive. The
specimen considered repeatedly reactive, is examined in a Western
blot test to confirm the ELISA test results; and
c. A Western blot test is positive.'"
If an initial ELISA test is negative, or both repeat-duplicate
tests are negative, the testing ceases and the proposed insured
cannot be denied coverage based on AIDS-related testing. If the
initial and at least one of the repeat-duplicate LISA tests is
positive but the Western blot test is negative, for purposes of
insurability, the results are negative.
(e)
The legislative rule filed in the state register on the first day of September, two thousand, authorized by 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 seventeenth day of November, two thousand, relating to the
insurance commissioner (continuing education for insurance agents,
114 CSR 42), is authorized.
§64-7-3. Alcohol beverage control commissioner.
(a) The legislative rule filed in the state register on the
twenty-second day of February, two thousand, authorized 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 twenty-ninth day of January,
two thousand one, relating to the alcohol beverage control
commissioner (licensing of retail liquor stores, 175 CSR 5), is
authorized.
(b) 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.
(c) The legislative rule filed in the state register on the
first day of September, two thousand, authorized under the
authority of section eight, article nine-a, chapter sixteen 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 (prohibiting the sale of tobacco products in vending
machines, 175 CSR 9), is authorized
.
§64-7-4. Banking commissioner.
The legislative rule filed in the state register on the
thirtieth day of August, two thousand, under the authority of
section twenty-six, article four, chapter thirty-one-a of this
code, modified by the commissioner of banking to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-sixth day of October,
two thousand, relating to the commissioner of banking (legal
lending limit, 106 CSR 9), is authorized.
§64-7-5. Racing commission.
The legislative rule filed in the state register on the
twenty-second day of August, two thousand, 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 the seventeenth day of October, two thousand, relating
to the racing commission (thoroughbred racing, 178 CSR 1), is
authorized,
with the amendment set forth below:
On page one, section 178-1-2, beginning on line eleven, by
striking out section 178-1-2.1 in its entirety and inserting in
lieu thereof a new section 178-1-2.1 as follows:
"2.1. "Accredited thoroughbred horse" means a horse that is:
2.1.1. foaled in West Virginia; or
2.1.2. sired by an accredited West Virginia sire.".
And,
On page thirty-one, section 178-1-31.2, line twenty-one,
following the words "Racing Commission" and the period, by striking
out the words "All moneys won by a horse shall be forfeited and
redistributed when the horse is administrated to as described in
this section", and inserting in lieu thereof the words "All moneys
won by a horse found to have been administered to as described in this section shall be forfeited and redistributed.".
Webmaster | © 2024 West Virginia Legislature **
