COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 287
(By Senators Ross, Minard,
Snyder, Boley and Minear)
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[Originating in the Committee on the Judiciary; reported February 25, 2003.]
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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; 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 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 insurance commissioner to promulgate a legislative rule relating to unfair trade practices; authorizing the insurance commissioner to promulgate a legislative rule relating to examiners' compensation, qualifications and classification; authorizing the insurance commissioner to promulgate a legislative rule relating to licensing and conduct of agents, agencies and solicitors; authorizing the insurance commissioner to promulgate a legislative rule relating to excess line brokers; authorizing the insurance commissioner to promulgate a legislative rule relating to AIDS; authorizing the insurance commissioner to promulgate a legislative rule relating to "tail" insurance covering certain medical and allied health care providers; authorizing the insurance commissioner to promulgate a legislative rule relating to group accident and sickness insurance minimum policy coverage standards; 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 quality assurance; authorizing the insurance commissioner to promulgate a legislative rule relating to medical malpractice insurance consent to rate and guide "A" rate agreements; authorizing the insurance commissioner to promulgate a legislative rule relating to credit personal property insurance; authorizing the insurance commissioner to promulgate a legislative rule relating to standards for safeguarding consumer information; authorizing the insurance commissioner to promulgate a legislative rule relating to standard motor vehicle policy provisions; authorizing the insurance commissioner to promulgate a legislative rule relating to mental health parity; authorizing the tax commissioner to promulgate a legislative rule relating to payment of taxes by electronic funds transfer; and authorizing the tax commissioner to promulgate a legislative rule relating to tax credit for medical malpractice liability insurance premiums.

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. Insurance commissioner.
(a) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 fifth day of December, two thousand two, relating to the insurance commissioner (unfair trade practices, 114 CSR 14), is authorized.
(b) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 fourth day of November, two thousand two, relating to the insurance commissioner (examiners' compensation, qualifications and classification, 114 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 first day of October, two thousand two, relating to the insurance commissioner (licensing and conduct of agents, agencies and solicitors, 114 CSR 2), is authorized.
(d) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 first day of October, two thousand two, relating to the insurance commissioner (excess line brokers, 114 CSR 20), is authorized with the amendments set forth below:
On page three, subdivision 4.2.a., at the end of the subdivision by adding the following: The form shall contain an affidavit that the individual insurance producer complied with the due diligence requirements of this rule.
And,
On page six, subdivision 4.6.j., after the word "producer" by inserting the words "required in section 4.2. of this rule".
(e) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 fourth day of November, two thousand two, relating to the insurance commissioner (AIDS, 114 CSR 27), is authorized.
(f) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the insurance commissioner ("tail" malpractice insurance covering certain medical and allied health care providers, 114 CSR 30), is authorized.
(g) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 fifth day of December, two thousand two, relating to the insurance commissioner (group accident and sickness insurance minimum policy coverage standards, 114 CSR 39), is authorized.
(h) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 first day of October, two thousand two, relating to the insurance commissioner (continuing education for individual insurance producers, 114 CSR 42), is authorized.
(i) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the insurance commissioner (quality assurance, 114 CSR 53), is authorized.
(j) The legislative rule filed in the state register on the twenty-second day of February, two thousand two, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the insurance commissioner (medical malpractice insurance consent to rate and guide "A" rate agreements, 114 CSR 59), is authorized.
(k) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 third day of January, two thousand three, relating to the insurance commissioner (credit personal property insurance, 114 CSR 61), is authorized.
(l) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 fourth day of November, two thousand two, relating to the insurance commissioner (standards for safeguarding consumer information, 114 CSR 62), is authorized.
(m) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 fourth day of November, two thousand two, relating to the insurance commissioner (standard motor vehicle policy provisions, 114 CSR 63), is authorized.
(n) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 fourth day of November, two thousand two, relating to the insurance commissioner (mental health parity, 114 CSR 64), is authorized.
§64-7-2. Tax commissioner.
(a) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand two, authorized under the authority of section five-t, article ten, chapter eleven of this code, modified by the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of November, two thousand two, relating to the tax commissioner (payment of taxes by electronic funds transfer, 110 CSR 10F), is authorized with the following amendments:
On page three, subsection 3.2, by striking out the words "for all taxable years or reporting periods" and inserting in lieu thereof the words "in tax liability per tax type per taxable year or reporting period";
On page four, subsection 4.2, by striking out the entire subsection;
On page four, subsection 5.2, first sentence, by striking out the words "Each EFT payment under this rule shall be limited to" and inserting in lieu thereof the words "The Department will determine whether a taxpayer meets the $100,000 tax liability threshold requiring payment of taxes by EFT by considering taxes paid for";
On page four, subsection 5.2, second sentence, by striking out the words "amount paid" and inserting in lieu thereof the words "taxes paid for all tax types";
On page four, subsection 5.3, first sentence, by striking out the words "Each EFT payment under this rule shall be limited to" and inserting in lieu thereof the words "The Department will determine whether a taxpayer meets the $100,000 tax liability threshold requiring payment of taxes by EFT by considering";
On page five, subsection 7.1, by striking out the words "Form WV/EFT-005" and inserting in lieu thereof the words "Form WV/EFT-5";
And,
On page five, subsection 7.2, by striking out the words "Form WV/EFT-005" and inserting in lieu thereof the words "Form WV/EFT- 5".
(b) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand two, authorized under the authority of section eight, article thirteen-p, chapter eleven of this code, modified by the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the first day of October, two thousand two, relating to the tax commissioner (tax credit for medical malpractice insurance premiums, 110 CSR 13P), is authorized.