ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 177
(Senators Minard, Snyder, Prezioso,
Unger, Boley and K. Facemyer, original
sponsors)
__________
[Passed March 12, 2011; in effect from passage.]
__________
AN ACT
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; 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 with various modifications presented to and recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature;
authorizing the State Tax
Department to promulgate a legislative rule relating to the
commercial patent incentives tax credit;
authorizing the State
Tax Department to promulgate a legislative rule relating to
the exchange of information agreement between the State Tax
Department and the West Virginia Lottery
; authorizing the
State Tax Department to promulgate a legislative rule relating
to the exchange of information agreement between the State Tax
Department and the Office of the State Fire Marshal
;
authorizing the Insurance Commissioner to promulgate a
legislative rule relating to credit life insurance, credit
accident and sickness insurance and credit unemployment
insurance
; 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 insurance
adjusters
; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to long-term care
insurance
; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to actuarial opinion
and memorandum
; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to property and
casualty actuarial opinions
; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to credit personal property
; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to
self-insurance pools for political subdivisions
; authorizing
the Insurance Commissioner to promulgate a legislative rule
relating to valuation of life insurance companies
; 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
professional employer organizations
; authorizing
the Insurance Commissioner to promulgate a legislative rule
relating to
health maintenance organization point of service
option
; authorizing the Racing Commission to promulgate a
legislative rule relating to
thoroughbred racing; authorizing
the Racing Commission to promulgate a legislative rule
relating to
greyhound racing
;
authorizing the Racing
Commission to promulgate a legislative rule relating to
pari-
mutuel wagering
; authorizing the Alcohol Beverage Control
Commission to promulgate a legislative rule relating to
licensed retailer operations
; and authorizing the Alcohol
Beverage Control Commission to promulgate a legislative rule
relating to
licensing of retail outlets
.
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. State Tax Department.
(a) The legislative rule filed in the state register on July
28, 2010, authorized under the authority of section ten, article
thirteen-aa, 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 November 5,
2010, relating to the State Tax Department (commercial patent
incentives tax credit, 110 CSR 13Q), is authorized.
(b) The legislative rule filed in the state register on July
26, 2010
, authorized under the authority of section five-s, article
ten, chapter eleven of this code, relating to the State Tax
Department (exchange of information agreement between the State Tax
Department and the West Virginia Lottery, 110 CSR 50E), is
authorized.
(c) The legislative rule filed in the state register on July
26, 2010
, 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 November 5,
2010
, relating to the State Tax Department (exchange of information
agreement between the State Tax Department and the Office of the
State Fire Marshal, 110 CSR 50F), is authorized.
§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, 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 September 28,
2010, relating to the Insurance Commissioner (credit life
insurance, credit accident and sickness insurance and credit
unemployment insurance, 114 CSR 6), is authorized with the
following amendment:
On pages one and two, section 2, by striking out all of
section 2. and inserting in lieu thereof a new section 2. to read
as follows:
"§114-6-2. Definitions.
(1) "Commissioner" means the West Virginia Insurance
Commissioner.
(2) "Credit Accident and Sickness Insurance" means insurance
on a debtor to provide indemnity for payments becoming due on a
specific loan or other credit transaction while the debtor is
disabled as defined in the policy.
(3) "Credit Life Insurance" means insurance on the life of a
debtor pursuant to or in connection with a specific loan or other
credit transaction.
(4) "Credit unemployment insurance" means insurance on a
debtor to provide indemnity for payments becoming due on a specific
loan or other credit transaction while the debtor is unemployed as defined in the policy.
(5) "Creditor" means the lender of money or vendor or lesser
goods, services, or property, rights or privileges, for which
payment is arranged through a credit transaction, or any successor
to the right, title or interest of any such lender, vendor, or
lessor, and an affiliate, associate or subsidiary of them or any
director, officer, or employee of any of them or any other person
in any way associated with any of them.
(6) "Debtor" means a borrower of money or purchaser or lessee
of goods, services, property, rights or privileges for which
payment is arranged through a credit transaction.
"Indebtedness" means the total amount payable by a debtor to a
creditor in connection with a loan or other credit transaction.
(7) "Indebtedness" means the total amount payable by a debtor
to a creditor in connection with a loan or other credit
transaction."
(b) The legislative rule filed in the state register on July
29, 2010
, authorized under the authority of section ten, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (suitability in annuity transactions, 114 CSR 11B), is
authorized.
(c) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, 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 October 20,
2010
, relating to the Insurance Commissioner (insurance adjusters,
114 CSR 25), is authorized with the following amendments:
On page two, subsection 3.1., by striking out all of
subsection 3.1. and inserting in lieu thereof a new subsection 3.1.
to read as follows:
"3.1. No person shall in West Virginia act as or hold himself
to be an adjuster unless licensed by the Commissioner. As used in
the rule, the term "person" shall not include those persons located
in an office of an insurer outside the State of West Virginia who
adjust claims solely by telephone, fax, United States Mail and
electronic mail and who do not physically enter the State of West
Virginia in the course of adjusting such claims.";
And,
On page four, subdivision 3.2.j., by striking out all of
subdivision 3.2.j. and renumbering the remaining subdivisions.
(d) The legislative rule filed in the state register on July
29, 2010
, authorized under the authority of section three, 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 September 28,
2010
, relating to the Insurance Commissioner (long-term care
insurance, 114 CSR 32), is authorized with the following
amendments:
On page 51, paragraph 29.4.c.1., by striking out all of paragraph 29.4.c.1. and inserting in lieu thereof a new paragraph
29.4.c.1. to read as follows:
"29.4.c.1. Within five (5) business days of receiving a
written request for independent review, the insurer shall choose an
independent review organization approved or certified by the state.
The insurer shall vary its selection of authorized independent
review organizations on a rotating basis.";
On page fifty-two, paragraph 29.4.c.6., by striking out the
word "8," and inserting in lieu thereof the word "3,";
And,
On page fifty-six, subsection 30.6., by striking out all of
subsection 30.6.
(e) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (actuarial opinion and memorandum, 114 CSR 41), is
authorized.
(f) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, 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 December 1,
2010, relating to the Insurance Commissioner (property and casualty
actuarial opinions, 114 CSR 41A), is authorized.
(g) The legislative rule filed in the state register on July 27, 2010
, authorized under the authority of section three, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (credit personal property, 114 CSR 61), is authorized.
(h) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, 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 December 1,
2010
, relating to the Insurance Commissioner (self-insurance pools
for political subdivisions, 114 CSR 65), is authorized with the
following amendment:
On pages ten and eleven, subsection 8.1., by striking out all
of subsection 8.1. and inserting in lieu thereof a new subsection
8.1. to read as follows:
"8.1. To the extent not inconsistent with this rule, each
workers' compensation pool is subject to the requirements of West
Virginia Code §§33-2-21 and 33-2-22 and West Virginia Code Chapter
Twenty-Three and the rules promulgated thereunder, including but
not limited to the payment of surcharges pursuant to West Virginia
Code §§23-2C-3(f)(2) and 23-2C-3(f)(3)(B) and West Virginia Code
St. R. Section 85-6-1 et seq.; the record retention requirements of
West Virginia Code St. R. Section 85-18-13; and the data
requirements of West Virginia Code St. R. Section 85-2-1 et. seq.:
Provided, That such a pool is subject to West Virginia Code St. R.
Section 85-18-1 et seq.; as if the pool was a single self-insured employer:
Provided, however, That no provision of Chapter Twenty-
Three of this code or any rule promulgated thereunder requiring
participation in the self-insured guarantee risk pool and the self-
insured security risk pool, or providing for industrial council
approval of self-insured status, termination of self-insured status
or approval of security, shall apply."
(i) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (valuation of life insurance companies, 114 CSR 68),
is authorized.
(j) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (recognition of preferred mortality tables for use in
determining minimum reserve liabilities, 114 CSR 69A), is
authorized.
(k) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (professional employer organizations, 114 CSR 85), is
authorized.
(l) The legislative rule filed in the state register on July
27, 2010
, authorized under the authority of section three, article
two, chapter thirty-three of this code, relating to the Insurance Commissioner (health maintenance organization point of service
option, 114 CSR 91), is authorized.
§64-7-3. Racing Commission.
(a) The legislative rule filed in the state register on July
27, 2010
, 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 January 20,
2011, relating to the Racing Commission (thoroughbred racing, 178
CSR 1), is authorized with the following amendments:
On page forty-two, subdivision 26.4.q., by striking out
subdivision 26.4.q. in its entirety and inserting in lieu thereof
a new subdivision 26.4.q. to read as follows:
"26.4.q. No trainer shall move or permit to be moved any
horse or horses under his or her custody, care or control into the
association's grounds without permission from the association's
racing secretary or his or her designee. No trainer shall move or
permit to be moved any horse or horses under his or her custody,
care or control out of the association's grounds without first
signing out the horse on a form prescribed by the association and
made available at the stable gate: Provided, That for all horses
stabled on the association grounds, permission is required from the
association's racing secretary or his or her designee at the time
of removal if the horse is entered to race or may be entered to
race at another racetrack during a period of seven (7) days following the day of its removal from the association's grounds.
No trainer shall move or permit to be moved any horse or horses
under his or her custody, care or control into the association's
grounds without presenting a current negative Coggins test for
equine infectious anemia (EIA).";
On page fifty-six, subdivision 42.3.a., by striking out the
words "eighteen (118)" and inserting in lieu thereof the words
"sixteen (116)";
And,
On page sixty-nine, subdivision 48.2.d., by striking out
subdivision 48.2.d. in its entirety and inserting in lieu thereof
a new subdivision 48.2.d. to read as follows:
"48.2.d. Practicing veterinarians shall not have contact with an
entered horse on a race day except for the administration of furosemide
(lasix®) under the guidelines set forth in subsection 49.7. of this rule
unless approved by a Racing Commission veterinarian. If approval to have
contact with an entered horse on race day for purposes other than the
administration of furosemide (lasix®
) is obtained from a Racing
Commission veterinarian, or if reasonable efforts are made to contact a
Racing Commission veterinarian and he or she is unavailable, a practicing
veterinarian may have contact with the horse for purposes other than the
administration of furosemide (lasix®):
Provided, That the practicing
veterinarian shall complete a form prescribed by the Racing
Commission notifying the Racing Commission veterinarian of the
contact. Such form shall be provided to the Racing Commission
veterinarian
one hour before post time.
"
(b) The legislative rule filed in the state register on July
30, 2010
, 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 January 20,
2011, relating to the Racing Commission (greyhound racing, 178 CSR
2), is authorized.
(c) The legislative rule filed in the state register on July
16, 2010
, 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 January 20,
2011,
relating to the Racing Commission (pari-mutuel wagering, 178
CSR 5), is authorized, with the following amendment:
On page two, subsection 2.21, line 5, by striking out the word
"totalizator" and inserting in lieu thereof the word "totalisator"
.
§64-7-4. Alcohol Beverage Control Commission.
(a) The legislative rule filed in the state register on
November 20, 2009, 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 January 20, 2011, relating to the Alcohol Beverage
Commission (licensed retailer operations, 175 CSR 1), is authorized
with the following amendment:
On pages seven and eight, paragraph 4.1.a.3., by striking out
all of paragraph 4.1.a.3.
and inserting in lieu thereof a new
paragraph 4.1.a.3.
to read as follows:
"4.1.a.3. Column 2 - "Unit Size." The product bottle size is
listed in metric measurement.
Metric Conversion Table
Metric Size
Converted to Ounces
50 ml.
1.7 oz.
200 ml.
6.8 oz.
375 ml.
12.7 oz.
500 ml.
16.9 oz.
750 ml.
25.4 oz.
1. Liter
33.8 oz.
1.75 Liter
59.2 oz."
(b) The legislative rule filed in the state register on
February 22, 2010, 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 January 19, 2011,
relating to the Alcohol Beverage
Commission (licensing of retail outlets, 175 CSR 5), is authorized.