ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 157
(Senators Ross, Anderson, Macnaughtan, Boley and Buckalew,
original sponsors)
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[Passed April 20, 1997; in effect from passage.]
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AN ACT to repeal section four, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty- one, as amended; and to amend and reenact sections one, two
and three of said article, all 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
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; disapproving the promulgation of
a legislative rule; authorizing the division of banking to
promulgate a legislative rule relating to the West Virginia
consumer credit and protection act and the money and interest
article of chapter forty-seven; authorizing the division of
banking to promulgate a legislative rule relating to the
operations of state chartered financial institutions in West
Virginia; authorizing the division of banking to promulgate a
legislative rule relating to West Virginia regulated consumer
lenders; authorizing the division of banking to promulgate a
legislative rule relating to reverse mortgage loans;
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 life and health reinsurance
agreements; disapproving the promulgation of a legislative
rule by the insurance commissioner relating to individual
medical savings accounts; authorizing the insurance
commissioner to promulgate a legislative rule relating to the
valuation of life insurance policies; authorizing the
insurance commissioner to promulgate a legislative rule
relating to diabetes; authorizing the insurance commissioner
to promulgate a legislative rule relating to emergency medical services; authorizing the insurance commissioner to promulgate
a legislative rule relating to utilization management;
authorizing the insurance commissioner to promulgate a
legislative rule relating to the replacement of life
insurance; authorizing the tax division to promulgate a
legislative rule relating to the tax credit for qualified
agricultural equipment; authorizing the tax division to
promulgate a legislative rule relating to personal income tax
low income exclusions; and authorizing the tax division to
promulgate a legislative rule relating to charitable raffles.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; and that sections one, two and three of said
article be amended and reenacted, all to read as follows:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Division of banking.
(a) The legislative rule filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section four, article two,
chapter thirty-one-a of this code, 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 twenty-first day of February, one thousand nine hundred ninety-seven,
relating to the division of banking (regulations pertaining to the
West Virginia consumer credit and protection act and the money and
interest article of chapter forty-seven, 106 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section four, article two,
chapter thirty-one-a of this code, 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 twentieth
day of December, one thousand nine hundred ninety-six, relating to
the division of banking (regulations governing the operations of
state chartered financial institutions in West Virginia, 106 CSR
3), is authorized.
(c) The legislative rule filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section four, article two,
chapter thirty-one-a of this code, 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 twentieth
day of December, one thousand nine hundred ninety-six, relating to
the division of banking (West Virginia regulated consumer lenders,
106 CSR 4), is authorized.
(d) The legislative rule filed in the state register on the twenty-eighth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section eight, article twenty- four, chapter forty-seven of this code, 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 twentieth
day of December, one thousand nine hundred ninety-six, relating to
the division of banking (reverse mortgage loans, 106 CSR 19), is
authorized.
§64-7-2. Department of tax and revenue; tax division; and state
tax commissioner.
(a) The legislative rule filed in the state register on the
twenty-third day of July, one thousand nine hundred ninety-six,
authorized under the authority of section five, article thirteen-j,
chapter eleven of this code, modified by the tax division to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the thirty-first day of October,
one thousand nine hundred ninety-six, relating to the tax division
(tax credit for qualified agricultural equipment, 110 CSR 13J), is
authorized.
(b) The legislative rule filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section fifty-one, article
twenty-one, chapter eleven of this code, modified by the tax
division to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirty- first day of October, one thousand nine hundred ninety-six,
relating to the tax division (personal income tax low income
exclusions, 110 CSR 21.1), is authorized.
(c) The legislative rule filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section twenty-one, article
twenty-one, chapter forty-seven of this code, modified by the tax
division to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- seventh day of February, one thousand nine hundred ninety-seven,
relating to the tax division (charitable raffles, 110 CSR 37), is
authorized.
§64-7-3. Insurance commissioner.
(a) The legislative rule filed in the state register on the
second day of July, one thousand nine hundred ninety-six,
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 twentieth day of
February, one thousand nine hundred ninety-seven, relating to the
insurance commissioner (medicare supplement insurance, 114 CSR 24),
is authorized.
(b) The legislative rule filed in the state register on the twentieth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section fifteen, article four,
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 thirtieth
day of January, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (life and health reinsurance agreements,
114 CSR 48), is authorized.
(c) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section twenty, article fifteen,
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 thirty- first day of January, one thousand nine hundred ninety-seven,
relating to the insurance commissioner (individual medical savings
accounts, 114 CSR 47), is disapproved and is not authorized for
promulgation.
(d) The legislative rule filed in the state register on the
twentieth day of August, one thousand nine hundred ninety-six,
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 eighteenth day of February, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (valuation of life insurance policies,
114 CSR 49), is authorized, with the following amendment:
"On page one, section 1.4 of the rule, by following the words
'effective date' inserting the following:
'The portions of the rule amended as a result of modifications
offered by the Insurance Commissioner and filed with the Secretary
of State on August 20, 1996, shall not become effective until
January 1, 1998.'"
(e) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section one, article fifteen-c,
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 twentieth
day of February, one thousand nine hundred ninety-seven, relating
to the insurance commissioner (diabetes, 114 CSR 52), is
authorized.
(f) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section twenty-three, article
four-c, chapter sixteen 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 eighteenth day of February, one thousand nine hundred ninety-seven,
relating to the insurance commissioner (emergency medical services,
114 CSR 50), is authorized.
(g) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
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 eighteenth day
of February, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (utilization management, 114 CSR 51), is
authorized.
(h) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
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 eighteenth day
of February, one thousand nine hundred ninety-seven, relating to
the insurance commissioner (replacement of life insurance, 114 CSR
8), is authorized.