SB227 SUB1
Senate Bill 227 History
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COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 227
(By Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer)
__________
[Originating in the Committee on the Judiciary;
reported March 27, 2009.]
__________
A BILL to amend and reenact article 7, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for
the promulgation of certain legislative rules; 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 with various modifications presented
to and recommended by the Legislative Rule-Making Committee
and as amended by the Legislature; repealing a certain
legislative rule; disapproving a certain legislative rule;
authorizing the State Tax Department to repeal a legislative
rule relating to valuation of intangible personal property
including stock accounts receivable and stock in banks and
capital of savings and loan associations;
authorizing the
State Tax Department to promulgate a legislative rule relating
to combined returns pursuant to an investigation by the Tax
Commissioner
;
authorizing the State Tax Department to
promulgate a legislative rule relating to the film industry
investment tax credit
;
authorizing the State Tax Department to
promulgate a legislative rule relating to electronic filing
and payment of special district excise tax
;
authorizing the
State Tax Department to promulgate a legislative rule relating
to the withholding or denial of personal income tax refunds
from taxpayers who owe municipal costs, fines, forfeitures or
penalties
;
not authorizing the State Tax Department to
promulgate a legislative rule relating to an exchange of
information agreement between the State Tax Division and the
Department of Health and Human Resources Office of the Inspector General Medicaid Fraud Control Unit
;
authorizing the
Insurance Commissioner to promulgate a legislative rule
relating to coordination of health benefits
;
authorizing the
Insurance Commissioner to promulgate a legislative rule
relating to long-term care insurance
;
authorizing the
Insurance Commissioner to promulgate a legislative rule
relating to actuarial opinion and memorandum
;
authorizing the
Insurance Commissioner to promulgate a legislative rule
relating to continuing education for individual insurance
producers
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to viatical
settlements
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to discount medical
plan organizations and discount prescription drug plan
organizations
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to professional
employer organizations;
authorizing the Insurance Commissioner
to promulgate a legislative rule relating to preneed life
insurance minimum standards for determining reserve
liabilities and nonforfeiture values
;
and authorizing the
Racing Commission to promulgate a legislative rule relating to
greyhound racing.
Be it enacted by the Legislature of West Virginia:
That article 7, chapter 64 of the Code of West Virginia, 1931,
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. State Tax Department.
(a) The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section five, article
ten, chapter eleven of this code, relating to the State Tax
Department (Valuation of Intangible Personal Property Including
Stock Accounts Receivable and Stock in Banks and Capital of Savings
and Loan Associations, 110 CSR 1L), is repealed.
(b) The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section seven-d,
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 January 12,
2009, relating to the State Tax Department (Combined Returns
Pursuant to an Investigation by the Tax Commissioner, 110 CSR 10K),
is authorized.
(c) The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section nine, article
thirteen-x, 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 January 12,
2009, relating to the State Tax Department (Film Industry
Investment Tax Credit, 110 CSR 13X), is authorized with the
following amendments:
On page five, paragraph 3.1.b.1. by striking out the words
"Tax Commissioner" and inserting in lieu thereof the words "Film
Office";
On page five, paragraph 3.1.b.2. by striking out the words
"this article" and inserting in lieu thereof "W.Va. Code, §11-13X-1
et seq";
On page six, by striking out "4.1.d." and inserting in lieu
thereof "4.1.c.3.";
On page six, by striking out all of subdivision 4.1.e. and
inserting in lieu thereof a new subdivision, designated subdivision
4.1.d., to read as follow:
4.1.d. Upon approval of an eligibility application, the
eligible company shall begin production within one hundred twenty
(120) days of approval, or shall otherwise forfeit the right to
claim any tax credit for the approved qualified project. The
forfeiture does not preclude the eligible company from resubmitting
an eligibility application for the same project at a future date.
Upon written request by the eligible company, and prior to the
expiration of the one hundred twenty (120) day deadline, the reviewing committee may extend the deadline at its discretion.;
On page six, by striking out "4.2.c.1." and inserting in lieu
thereof "4.2.a.";
On page six, by striking out "4.2.c.2." and inserting in lieu
thereof "4.2.b.";
On page six, by striking out "4.2.c.3." and inserting in lieu
thereof "4.2.c.";
On page six, by striking out "4.2.c.4." and inserting in lieu
thereof "4.2.d.";
On page seven, by striking out "4.2.d" and inserting in lieu
thereof "4.2.e.";
On page nine, subsection 5.5, by striking out the words "be
considered" and inserting in lieu thereof the words "maintain its
initial position in the queue";
On page nine, by striking out all of subdivisions 5.5.a. and
5.5.b.;
On page nine, by inserting two new subsections, designated
subsections 5.6 and 5.7, to read as follows:
5.6. Requests for Increase in Tax Credit Allocation. - If an
eligible company seeks an increase in the amount of tax credits for
an approved qualified project, the eligible company shall submit an
application for modification to the Film Office, which shall be
submitted by and bear the same signature as the person who submitted the original eligibility application, or a duly
authorized representative. The reviewing committee shall place
requests for an increase in the order of receipt of all
applications, assign each request a new application number and
review each request separately from the original eligibility
application. The reviewing committee shall consider the
application at its next scheduled meeting, but within thirty (30)
days of receipt, and may request additional information from the
applicant to assist in its evaluation of the request. The
reviewing committee shall determine approval using the same
criteria of the review process and based on the availability of any
remaining credits for the fiscal year in which the request is
received. The Film Office shall notify the eligible company in
writing of the reviewing committee's decision.
5.7. Other Revisions to Application. - If an eligible company
seeks to revise its original eligibility application for a
qualified project for reasons other than those identified in
subsection 5.6 of this rule, the eligible company shall submit an
application for modification to the Film Office, which shall be
submitted by and bear the same signature as the person who
submitted the original eligibility application, or a duly
authorized representative. The reviewing committee shall consider
the application at its next scheduled meeting, but within thirty (30) days of receipt, and may request additional information from
the applicant to assist in its evaluation of the request. The
reviewing committee shall determine the approval using the same
criteria of the review process. The Film Office shall notify the
eligible company in writing of the reviewing committee's decision.;
And by renumbering the remaining subsections;
And,
On page ten, subsection 6.1., by striking out "4.1.e." and
inserting in lieu thereof "4.1.d.".
(d) The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section five, 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 January 12,
2009, relating to the State Tax Department (Electronic Filing and
Payment of Special District Excise Tax, 110 CSR 39), is authorized.
(e) The legislative rule filed in the State Register on August
29, 2008, authorized under the authority of section two-b, article
ten, chapter eight 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 January 12,
2009, relating to the State Tax Department (Withholding or Denial
of Personal Income Tax Refunds from Taxpayers Who Owe Municipal Costs, Fines, Forfeitures or Penalties, 110 CSR 40), is authorized.
(f) The legislative rule filed in the State Register on August
29, 2008, 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 January 12,
2009, relating to the State Tax Department (Exchange of Information
Agreement between the State Tax Division and the Department of
Health and Human Resources Office of the Inspector General Medicaid
Fraud Control Unit, 110 CSR 50E), is disapproved.
§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the State Register on August
29, 2008, 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 February 20,
2009, relating to the Insurance Commissioner (Long-term Care
Insurance, 114 CSR 32), is authorized.
(b) The legislative rule filed in the State Register on August
29, 2008, 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 February 20, 2009, relating to the Insurance Commissioner (Actuarial Opinion and
Memorandum, 114 CSR 41), is authorized.
(c) The legislative rule filed in the State Register on August
29, 2008, 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 October 22,
2008, relating to the Insurance Commissioner (Continuing Education
for Individual Insurance Producers, 114 CSR 42), is authorized.
(d) The legislative rule filed in the State Register on August
14, 2008, 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 February 20,
2009, relating to the Insurance Commissioner (Viatical Settlements,
114 CSR 80), is authorized.
(e) The legislative rule filed in the State Register on August
14, 2008, 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 February 20,
2009, relating to the Insurance Commissioner (Discount Medical Plan
Organizations and Discount Prescription Drug Plan Organizations, 114 CSR 83), is authorized.
(f) The legislative rule filed in the State Register on August
29, 2008, 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 February 20,
2009, relating to the Insurance Commissioner (Professional Employer
Organizations, 114 CSR 85), is authorized with the following
amendments:
On page 1, subsection 2.1., after the words 'voting stock' by
striking the word 'or' and inserting in lieu thereof the word 'of';
On page 1, subdivision 2.3.a, after the word 'hiring' by
inserting the words 'his, her or';
On page 2, subsection 3.1., after the words 'itself out as
providing' by omitting the comma, and after the words 'professional
employer' by inserting the word 'organization';
On page 2, subdivision 3.2.b, after the words 'fee of' by
striking the word '$300' and inserting in lieu thereof the words
'$200, and an annual report fee of $100';
On page 2, subdivision 3.2.h., by striking out said
subdivision 3.2.h. in its entirety and inserting in lieu thereof a
new subdivision 3.2.h. to read as follows:
h. A statement of management which includes the name and evidence of business experience of any person who serves as a
president, chief executive officer or otherwise has the authority
to act as a senior executive officer of the PEO.;
On page 3, subdivision 3.2.l., in the last sentence of the
subdivision, after the words 'certificate of authority' by
inserting the words 'to do business in the state, issued by the
Secretary of State,';
And,
On page 3, subsection 3.4 after the words 'file for renewal
of' by striking the word 'their' and inserting in lieu thereof the
word 'its', and after the words 'accompanied by a fee of' by
striking the word '$300' and inserting in lieu thereof the words
'$200 for the application fee and $100 for the annual report.'
(g) The legislative rule filed in the State Register on August
29, 2008, 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 October 22,
2008, relating to the Insurance Commissioner (Preneed Life
Insurance Minimum Standards for Determining Reserve Liabilities and
Nonforfeiture Values, 114 CSR 86), is authorized.
(h) The legislative rule filed in the State Register on July
29, 2006, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, approved for
promulgation by the Legislature on March 11, 2006 and refiled in
the State Register on May 5, 2006, relating to the Racing
Commission (Greyhound Racing, 178 CSR 2) is authorized with the
following amendments:
§178-2-53. Training Tracks.
2-53.1. General physical requirements.
53.1.a. Any public training track must be approved and
licensed by the commission. Only a public training track meeting
the following criteria shall be eligible to receive funds as
provided in WVC §19-23-10.
53.1.b. The state may own or operate or both own and operate
any training track built in this state, or a training track may be
on land leased at fair market value for a period of twenty years.
The state may contract operations to a private entity. Any lease
or contract for services will follow the requirements of article
three, chapter five-a of this code and the requirements of the
Department of Administration regarding purchasing.
53.1.b.1. The track compound shall have (1) a minimum area of
twenty acres for development of the initial facility and an
additional ten acres available for future expansion, (2) a ten-
thousand-gallons-per-minute sewer plant, (3) adequate ingress and
egress for safety and accessability and (4) adequate public parking.
53.1.b.2. The track shall be at least 1,320 feet in
circumference or 1/4 mile in length, and the track shall have
adequate in-ground heating elements to ensure year-round training.
53.1.b.3. The track shall have an approved racing surface,
rails, lure, timing equipment, and starting box. The track surface
shall consist of at least six inches of silt surface, followed by
at least six inches of fill sand, followed by two inches of rigid
insulation with an under-slab membrane.
53.2. Security requirements.
53.2.a. Security shall be adequate to ensure the safety of
persons and dogs. The training track must have the following
minimum security measures at a kennel compound.
53.2.b. The kennel compound must be surrounded by a perimeter
fence which will reduce the likelihood of unauthorized entry. The
perimeter fence must be approved by the commission's chief
investigator.
53.2.b.1. The training track must have an appropriate check in
and out system which will ensure that only those individuals who
are licensees or authorized visitors and whose duties clearly
require entry to the area will be allowed access.
53.2.b.2. No law-enforcement officer, employee of the
commission, or employee of a licensee, when in the performance of official duties, may be denied entry to the kennel compound. All
visitors to the kennel compound will be accompanied by a commission
representative, the licensee sponsoring the visitor or the
licensee's security personnel.
53.2.b.3. Access records will be available to the commission,
its investigative personnel and the board of judges on request.
53.2.b.4. In a case of an emergency a veterinarian licensed by
the West Virginia State Board of Veterinarian Examiners may be
allowed in the kennel compound if accompanied by appropriate
personnel.
53.2.b.5. At least one fire extinguisher shall be installed on
the exterior wall of each kennel enclosure. The type and size of
fire extinguisher must meet the State Fire Marshal's standards.
53.2.b.6. A veterinarian licensed by West Virginia may
possess, transport or use any drug or medication which by federal
or state law requires a prescription within the confines of the
kennel compound.
53.2.b.6.A. A person having a legally valid prescription which
includes a complete statement of the uses and purposes of the
medication upon the medicine container may possess, transport or
use a drug or medication which by federal or state law requires a
prescription within the confines of the kennel compound if a copy
of the prescription has been filed with the commission veterinarian and he or she has approved the use of the medication prior to its
use on a greyhound.
53.2.b.6.B. Over the counter drugs are allowed in the kennel
compound however, the medication must be in the original container
bearing the manufacturer's label with the serial or lot number.
53.2.b.6.C. While in the compound all medications must be
stored in locked cabinets in the kennel.
53.2.b.6.D. The trainer must provide a list of all drugs or
medications in the trainer's kennel to the commission veterinarian
on a form provided by the commission veterinarian. The trainer is
responsible for updating the list on a daily basis so that at all
times it reflects the current drugs or medications in the trainer's
kennel. A copy of the current list with the commission
veterinarian's initials or signature on it must be posted in the
trainer's kennel next to the medication cabinet.
53.3. Operation and Maintenance of Kennel Compound
53.3.a. No living quarters are provided and overnight stays
will not be permitted except for emergencies. For emergency needs
that require 24 hour assistance to a sick or injured greyhound the
stay must first be approved by the training track's chief of
security.
53.3.b. The following restrictions apply to entry to the
compound during the race meet, beginning with the start of official schooling. The kennel compound is a restricted area which requires
special security controls and identity verification by security for
all persons entering and leaving the compound:
53.3.b.1. The person is a race-meet licensee official, a
designated facility employee, or a West Virginia Racing Commission
official or employee, each of whom shall present proper
identification to the kennel compound security officer;
53.3.b.2. Designated service-company personnel such as a
licensed food vendor, electrical maintenance and repair, equipment
and building servicing, telephone and utilities service, or garbage
collection. These individuals do not require a kennel compound
pass, but they must properly identify themselves and their purpose
for entering and leaving the facility with the security officer
prior to entering and leaving the facility.
53.3.b.3. Visitors to the compound are discouraged; however,
the facility licensee may develop a visitor pass system subject to
the approval of the commission.
53.3b.4. Alcoholic beverages are not allowed in the kennel
compound.
53.4.1. The facility licensee shall be responsible for
providing garbage and waste disposal;
53.4.2. Each kennel is responsible for the daily pick up of
all turn-out pen waste;
53.4.3. Each kennel is responsible for the regular watering of
turn-out pens to minimize odor;
53.4.4. A 5 mile per hour speed limit shall be posted in the
kennel compound.