ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 131
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Originating in the Committee on the Judiciary;
reported February 23, 1995.]
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A BILL 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;
the legislative mandate or authorization for the promulgation
of certain legislative rules by various executive and
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 legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative rule-making review committee; authorizing the alcohol beverage
control commissioner to promulgate legislative rules relating
to nonintoxicating beer, as modified; authorizing the division
of banking to promulgate legislative rules relating to the
legal lending limit, as modified; authorizing the division of
banking to promulgate legislative rules relating to the notice
and treatment of joint accounts, as modified; authorizing the
division of tax to promulgate legislative rules relating to
the business investment and jobs expansion tax credit, the
corporation headquarters relocation tax credit and the small
business tax credit, as modified; authorizing the division of
tax to promulgate legislative rules relating to the exchange
of information agreement between the tax division and the
division of environmental protection, as modified; authorizing
the insurance commissioner to promulgate legislative rules
relating to individual accident and sickness insurance minimum
standards, as modified; authorizing the insurance commissioner
to promulgate legislative rules relating to the regulation of
credit life insurance and credit accident and sickness
insurance, as modified; and authorizing the insurance
commissioner to promulgate legislative rules relating to
credit for reinsurance, as modified.
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. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Alcohol beverage control commissioner.
The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
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 twelfth day of January, one
thousand nine hundred ninety-five, relating to the alcohol beverage
control commissioner (nonintoxicating beer, 176 CSR 1), are
authorized with the amendments set forth below:
On page twenty-five, after subdivision 7.3.3, by adding a new
subdivision, designated subdivision 7.3.4, to read as follows:
"Any statement containing the price of any nonintoxicating beer
product;"
And,
By renumbering the remaining the remaining subdivisions.
§64-7-2. Division of banking.
(a) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the second day of November, one thousand nine hundred
ninety-four, relating to the division of banking (legal lending limit, 106 CSR 9), are authorized.
(b) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
relating to the division of banking (notice and treatment of joint
accounts, 106 CSR 17), are authorized.
§64-7-3. Department of tax and revenue; division of tax; and state
tax commissioner.
(a) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixth day of January, one thousand nine hundred
ninety-five, relating to the division of tax (business investment
and jobs expansion tax credit, corporation headquarters relocation
tax credit, small business tax credit, 110 CSR 13C), are
authorized.
(b) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixth day of January, one thousand nine hundred
ninety-five, relating to the division of tax (exchange of
information agreement between tax division and division of
environmental protection, 110 CSR 6B), are authorized.
§64-7-4. Insurance commissioner.
(a) The legislative rules filed in the state register on the
seventeenth day of August, one thousand nine hundred ninety-three,
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 June, one thousand nine
hundred ninety-four, relating to the insurance commissioner
(individual accident and sickness insurance minimum standards, 114
CSR 12), are authorized.
(b) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of November, one thousand
nine hundred ninety-four, relating to the insurance commissioner
(regulation of credit life insurance and credit accident and
sickness insurance, 114 CSR 6), are authorized.
(c) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-third day of November, one thousand
nine hundred ninety-four, relating to the insurance commissioner
(credit for reinsurance, 114 CSR 40), are authorized.