SB417 H JUD AM 3-5 #1
The Committee on the Judiciary moves to amend the bill on page
five, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Alcohol Beverage Control Commission.
(a)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, 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 the twenty-second day of January,
two thousand eight, relating to the Alcohol Beverage Control
Commission (retail licensee operations, 175 CSR 1), is authorized.
(b)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section twenty-three, article eight, 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 the twenty-second day of
January, two thousand eight, relating to the Alcohol Beverage
Control Commission (farm wineries, 175 CSR 3), is authorized.
(c)The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, 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 the twenty-second day of January,
two thousand eight, relating to the Alcohol Beverage Control
Commission (sale of wine, 175 CSR 4), is authorized.
§64-7-2. Insurance Commissioner.
(a)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (guaranteed
loss ratios as applied to individual sickness and accident
insurance policies, 114 CSR 31), is authorized.
(b)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section ten, article two, chapter thirty-three of
this code, relating to the Insurance Commissioner (mental health
parity, 114 CSR 64), is authorized.
(c)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (recognition
of preferred mortality tables for use in determining minimum
reserve liabilities, 114 CSR 69A), is authorized.
(d)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (replacement
of life insurance policies and annuity contracts, 114 CSR 8), is
authorized.
(e)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (military
sales practices, 114 CSR 82), is authorized.
(f)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (suitability
in annuity transactions, 114 CSR 11B), is authorized.
(g)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (life
insurance disclosures, 114 CSR 11A), is authorized.
(h)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner (life
insurance illustrations, 114 CSR 11C), with the following amendment:
On page 17, section 11, by striking section 11 in its entirety
and inserting in lieu thereof the following:
'§114-11C-11. Failure to comply.
A violation of paragraphs 5.2 or 5.3, section 5 of this rule
by an insurer constitutes a statement or omission which
misrepresents the benefits, advantages, conditions or terms of a
life insurance policy.'.
(i)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section ten, article two, chapter thirty-three of
this code, relating to the Insurance Commissioner (examiners and
examinations, 114 CSR 15), is authorized.
(j)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section ten, article two, chapter thirty-three of
this code, relating to the Insurance Commissioner (licensing and
conduct of insurance producers, agencies and solicitors, 114 CSR
2), is authorized.
(k)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner
(fingerprinting requirements for applications for insurance
producer license, 114 CSR 2A), is authorized.
(l) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 seventh day of December, two
thousand seven, relating to the Insurance Commissioner
(advertisement of life insurance and annuities, 114 CSR 11), is
authorized.
§64-7-3. Lottery Commission.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article twenty-two-c, 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 twenty-sixth day of
December, two thousand seven, relating to the Lottery Commission
(racetrack table games, 179 CSR 8), is authorized with the
following amendments:
On page twelve, by striking out subsection 2.65 in its entirety;
On page fifteen, by striking subsection 3.11 in its entirety
and renumbering the subsequent subsections accordingly;
On page seventeen, by striking out section 179-8-9 in its
entirety and renumbering the subsequent sections accordingly;
And,
On page ninety-four, section one hundred ten, by striking out
the words 'section eleven' and inserting in lieu thereof the words
'sections one hundred fourteen through one hundred twenty-six'.
§64-7-4. State Tax Department.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 the twenty-ninth day of December,
two thousand seven, relating to the State Tax Department (exchange
of information agreement between the Commissioner of the Tax
Division of the Department of Revenue and the Commissioner of the
Division of Labor of the Department of Commerce, the Commissioner
of the Insurance Commission of the Department of Revenue, the
Commissioner of the Division of Motor Vehicles of the Department of
Transportation, the Commissioner of the Bureau of Employment
Programs and the Office of the Governor, 110 CSR 50D), is
authorized."