![](tabb36.gif)
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 232
(Senators Ross, Anderson, Minard, Snyder, Unger and Minear, original
sponsors)
____________
![](tabb36.gif)
![](tabb36.gif)
![](tabb36.gif)
[Passed March 11, 2000; 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; 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 Medicare 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:
![](tabb36.gif)
![](tabb36.gif)
![](tabb36.gif)
![](tabb36.gif)
![](tabb36.gif)
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.
![](tabb36.gif)
(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.
![](tabb36.gif)
(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:
![](tabb36.gif)
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;
![](tabb36.gif)
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
;
![](tabb36.gif)
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)";
![](tabb36.gif)
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)";
![](tabb36.gif)
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";
![](tabb36.gif)
And,
![](tabb36.gif)
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.
![](tabb36.gif)
(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 (Medicare
supplement insurance, 114 CSR 24), is authorized.
![](tabb36.gif)
(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.
![](tabb36.gif)
(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.
![](tabb36.gif)
(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.
![](tabb36.gif)
(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.
![](tabb36.gif)
(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.
![](tabb36.gif)
(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.
![](tabb36.gif)
(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.