ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 131
(Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan, original sponsors)
__________
[Passed March 11, 1995; 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;
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 and amended; 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-four, by adding the following:
7.1.3. By advertisements in newspapers, advertising circular
and similar publications that nonintoxicating beer is for sale on
the licensed premises."
"On page twenty-five, by striking subsection 7.3.4.";
By renumbering the remaining subdivisions;
And,
"On page thirty-one, by adding a new subsection, denoted as
subsection 13.2.1.3 to read as follows:
In the event a brewer withdraws his products from the state
and subsequently reintroduces his products to the state at a later
date, that brewer or his successor shall offer the territorial
franchise for those products to such distributors who had a
franchise agreement with the brewer in effect at the time of the original withdrawal of the brewer's products."
§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.