COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 232
(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear)
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[Originating in the Committee on the Judiciary;
reported March 1, 2000.]
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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; 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 alcohol beverage control
commissioner to promulgate a legislative rule relating to
retail licensee operations; authorizing the alcohol
beverage control commissioner to promulgate a legislative
rule relating to private club licensing; authorizing the
insurance commissioner to promulgate a legislative rule
relating to Medicaid supplement insurance; authorizing the
insurance commissioner to promulgate a legislative rule
relating to continuing education for insurance agents;
authorizing the insurance commissioner to promulgate a
legislative rule relating to quality assurance standards
for prepaid limited health service organizations;
authorizing the lottery commission to promulgate a legislative rule relating to the state lottery; authorizing
the lottery commission to promulgate a legislative rule
relating to limited gaming facilities; 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; and authorizing the racing commission to promulgate
a legislative rule relating to pari-mutual wagering.
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.
(a) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine,
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 ninth day of November, one thousand nine hundred
ninety-nine, relating to the alcohol beverage control
commissioner (retail licensee operations, 175 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine,
under the authority of section ten, article seven, 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-eighth day of December, one thousand nine hundred
ninety-nine, relating to the alcohol beverage control
commissioner (private club licensing, 175 CSR 2), is authorized,
with the following amendments:
On page one, section 2.1, line one, following the word
"beer", and the comma, by inserting the words "including barley
beer" followed by a comma;
On page one, section 2.1, line one, following the word
"wine", by inserting a comma and the words "including barley wine" followed by a comma;
Beginning on page five, section 3.2.1.c, line two, by
striking out the words "W.Va. Code §60-7-2(a), (1), (2)", and
inserting in lieu thereof the words "W.Va. Code §60-7-2(a)(1)
and W.Va. Code §60-7-2(a)(2)";
On page nine, section 3.4.2, beginning on line one,
following the words "specified in", by striking out the words
"W.Va. Code §60-8-6", and inserting in lieu thereof the words
"W.Va. Code §60-7-6(a)";
On page twelve, section 4.11.5, line two, following the
words "ten (10:00)", by striking out the words "p.m. cold", and
inserting in lieu thereof the words "p.m. Cold";
And,
On page thirteen, section 4.14.3, line one, following the
word "Commissioner" and the comma, by inserting the word
"receive".
§64-7-2. Insurance commissioner.
(a) The legislative rule filed in the state register on the
fourteenth day of May, one thousand nine hundred ninety-nine,
authorized by section ten, article two, chapter thirty-three of this code, relating to the insurance commissioner (Medicaid
supplement insurance, 114 CSR 24), is authorized, with the
following amendment:
On page four, section three, line fifteen, by striking out
the word "medicaid" and inserting in lieu thereof the word
"medicare".
(b) The legislative rule filed in the state register on the
twelfth day of July, one thousand nine hundred ninety-nine,
authorized by section ten, article two, chapter thirty-three of
this code, relating to the insurance commissioner (continuing
education for insurance agents, 114 CSR 42), is authorized.
(c) The legislative rule filed in the state register on the
twelfth day of July, one thousand nine hundred ninety-nine,
authorized by section ten, article two, chapter thirty-three of
this code, relating to the insurance commissioner (quality
assurance standards for prepaid limited health service
organizations, 114 CSR 56), is authorized.
§64-7-3. Lottery commission.
(a) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-nine, under the authority of section five, article twenty-two, chapter
twenty-nine of this code, modified by the lottery commission to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the seventeenth
day of December, one thousand nine hundred ninety-nine, relating
to the lottery commission (state lottery rules, 179 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine,
under the authority of section five, article twenty-five,
chapter twenty-nine of this code, modified by the lottery
commission to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
seventeenth day of December, one thousand nine hundred
ninety-nine, relating to the lottery commission (limited gaming
facilities, 179 CSR 4), is authorized.
§64-7-4. Racing commission.
(a) The legislative rule filed in the state register on the
fourth day of June, one thousand nine hundred ninety-nine, 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 tenth day of August,
one thousand nine hundred ninety-nine, relating to the racing
commission (thoroughbred racing, 178 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
fourth day of June, one thousand nine hundred ninety-nine, 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 sixth day of August,
one thousand nine hundred ninety-nine, relating to the racing
commission (greyhound racing, 178 CSR 2), is authorized.
(c) The legislative rule filed in the state register on
the fourth day of June, one thousand nine hundred ninety-nine,
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 sixth day of
August, one thousand nine hundred ninety-nine, relating to the racing commission (pari-mutual wagering, 178 CSR 5), is
authorized.