ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 407
(Senators Minard, Snyder, Prezioso,
Unger, Boley and K. Facemyer, original sponsors)
__________
[Passed March 13, 2010; in effect from passage.]
__________
AN ACT
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 Department of
Revenue; 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 with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register
and as amended
by the Legislature; 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 the Consumers Sales
and Service Tax and Use Tax - drugs, durable medical goods,
mobility-enhancing equipment and prosthetic devices per se
exemption; motor vehicles per se exemption; authorizing the
State Tax Department to promulgate a legislative rule relating
to the residential solar energy tax credit; authorizing the
State Tax Department to promulgate a legislative rule relating
to the corporation net income tax; authorizing the Directors
of the West Virginia Health Insurance Plan to promulgate a
legislative rule relating to a premium subsidy; authorizing
the Directors of the West Virginia Health Insurance Plan to
promulgate a legislative rule relating to a preexisting
conditions exclusion; authorizing the Insurance Commissioner
to promulgate a legislative rule relating to variable life
insurance; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to annuity disclosure;
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 coordination of health benefits;
authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the West Virginia Life and Health
Insurance Guaranty Association Act notice requirements;
authorizing the Insurance Commissioner to promulgate a
legislative rule relating to mental health parity; authorizing
the Insurance Commissioner to promulgate a legislative rule
relating to viatical settlements; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to the
preventive care pilot program; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to the
use of senior-specific certifications and professional
designations in the sale of life insurance and annuities;
authorizing the Alcohol Beverage Control Commission to
promulgate a legislative rule relating to nonintoxicating beer
licensing and operations procedures; authorizing the West
Virginia State Athletic Commission to promulgate a legislative
rule relating to the administration of the commission; and
authorizing the Lottery Commission to promulgate a legislative
rule relating to limited gaming facilities.
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 July
30, 2009, 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 21,
2010, relating to the State Tax Department (Film Industry
Investment Tax Credit, 110 CSR 13X), is authorized.
(b) The legislative rule filed in the State Register on June
23, 2009, 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 November 30,
2009, relating to the State Tax Department (Consumer Sales and
Service Tax and Use Tax - Drugs, Durable Medical Goods, Mobility
Enhancing Equipment and Prosthetic Devices Per Se Exemption; and
Motor Vehicles Per Se Exemption, 110 CSR 15C), is authorized.
(c) The legislative rule filed in the State Register on July
30, 2009, authorized under the authority of section three, article
thirteen-z, 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 November 30,
2009, relating to the State Tax Department (Residential Solar
Energy Tax Credit, 110 CSR 21D), is authorized with the following
amendments:
On page two, beginning on line twenty, by striking out
subdivision 2.2.d in its entirety and redesignating the remaining
subdivisions accordingly;
On page five, subsection 4.2, line twenty-one, following the
word "incentive", by changing the comma to a period and striking
out the remainder of the sentence;
On page nine, subsection 9.1, line thirteen, following the
words "until the" by striking out the following:
"earlier of the following:
9.1.a. Four taxable years have elapsed; or
9.1.b. The full";
And,
On page nine, line twenty-two, by striking out subsection 9.4
in its entirety.
(d) The legislative rule filed in the State Register on July
31, 2009, 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 21,
2010, relating to the State Tax Department (Corporation Net Income
Tax, 110 CSR 24), is authorized
with the following amendments:
On page eight, 5.1.a.3, line eighteen, following the words
"superseding state", by striking out the word "of" and inserting in
lieu thereof the word "or";
On page sixteen, 7.5.c.1, line eleven, following the words "
such the", by inserting the word "the";
On page eighteen, 7.6.c.1, line twenty-three, by striking out
the word "employees" and inserting in lieu thereof the word
"employees'";
On page twenty-nine, 7a.1.a, line thirty-one, following the
words "apportionment method" by inserting the words "are subject to
apportionment as described in the following paragraph";
On page thirty, 7a.1.a.1, line ten, following the words
"special apportionment members" by striking out the comma;
On page thirty-one, 8.4.a, line twenty-three, following the
words "which are determined" by striking out the comma;
On page thirty-two, 8.5.a.2, line ten, following the words "W.
Va. Code §11-24-8(e)" by striking out the comma;
On page forty-one, 13a.1.a, line one, following the words
"insurance company" by striking out the comma;
On page forty-one, 13a.1.a, line three, following the words
"shall not be included" by inserting the word "in";
On page forty-two, 13a.2.b.2, line twelve, following the words
"the stock of", by striking out the words "such that" and inserting
in lieu thereof the word "the";
On page forty-two, 13a.2.b.2, line fifteen, following the
words "income of", by striking out the words "such this" and
inserting in lieu thereof the word "the";
On page forty-three, 13a.3.a.6, line thirty-four, following
the words "below in", by striking out the word "paragraph" and inserting in lieu thereof the word "subparagraph";
On page fifty-four, 13a.3.d.1, line fourteen, following the
word "member" by striking out the comma;
On page seventy, 13d.4.a.2, line thirteen, by reinserting the
word "see";
On page ninety-nine, 13e.2.a.3, beginning on line three,
following the word "privileges", by reinserting the word "must" and
striking out the word "shall";
On page ninety-nine, 13e.2.a.3, line four, following the words
"and it", by reinserting the word "must" and striking out the word
"shall";
On page one hundred, 13e.4.c, line seventeen, following the
words "group return" by striking out the comma;
On page one hundred, 13e.4.e, line twenty-two, following the
words "group return" by striking out the comma;
On page one hundred two, 13e.8, line twenty-two, following the
word "corporation" and the comma, by striking out the word "then";
On page one hundred ten, 26.4, line nineteen, following the
words "transactions include", by inserting a colon;
On page one hundred ten, 26.4, line twenty, following the word
"property" and the semi-colon, by striking out the words "sales or
transfers" and inserting in lieu thereof the words "the sale or
transfer";
On page one hundred ten, 26.4, line twenty-one, by striking
out the words "the owner or for consideration" and inserting in lieu thereof the words "the owner; or consideration";
And,
On page one hundred fifteen, 27.2.c.6, line five, following
the word "annual", by striking out the word "of".
§64-7-2. Directors of the West Virginia Health Insurance Plan.
(a) The legislative rule filed in the State Register on July
17, 2009, authorized under the authority of section seven-b,
article forty-eight, chapter thirty-three of this code, modified by
the Directors of the West Virginia Health Insurance Plan to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on January 25, 2010, relating to the
Directors of the West Virginia Health Insurance Plan (Premium
Subsidy, 113 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on July
17, 2009, authorized under the authority of section ten, article
two, chapter thirty-three of this code, modified by the Directors
of the West Virginia Health Insurance Plan to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on January 26, 2010, relating to the Directors of
the West Virginia Health Insurance Plan (Pre-existing Conditions
Exclusion, 113 CSR 2), is authorized.
§64-7-3. Insurance Commissioner.
(a) The legislative rule filed in the State Register on July
17, 2009, 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 January 26,
2010, relating to the Insurance Commissioner (Variable Life
Insurance, 114 CSR 11D), is authorized.
(b) The legislative rule filed in the State Register on July
17, 2009, 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 January 25,
2010, relating to the Insurance Commissioner (Annuity Disclosure,
114 CSR 11E), is authorized.
(c) The legislative rule filed in the State Register on July
17, 2009, 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 January 26,
2010, relating to the Insurance Commissioner (Medicare Supplement
Insurance, 114 CSR 24), is authorized.
(d) The legislative rule filed in the State Register on July
17, 2009, authorized under the authority of section ten, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (Coordination of Health Benefits, 114 CSR 28), is
authorized with the following amendments:
On page one, subsection 1.1, after the word "after" by
striking out the words "the effective date of this rule" and inserting in lieu thereof the words "January 21, 2011,";
And,
On page one, subsection 1.1, after the word "before" by
striking out the words "the effective date of this rule" and
inserting in lieu thereof the words "January 21, 2011,".
(e) The legislative rule filed in the State Register on July
31, 2009, authorized under the authority of section ten, article
two, chapter thirty-three of this code, relating to the Insurance
Commissioner (West Virginia Life and Health Insurance Guaranty
Association Act Notice Requirements, 114 CSR 36), is authorized.
(f) The legislative rule filed in the State Register on July
17, 2009, 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 December 17,
2009, relating to the Insurance Commissioner (Mental Health Parity,
114 CSR 64), is authorized.
(g) The legislative rule filed in the State Register on July
24, 2009, authorized under the authority of section seventeen,
article thirteen-c, chapter thirty-three of this code, relating to
the Insurance Commissioner (Viatical Settlements, 114 CSR 80), is
authorized with the following amendments:
On page two, subsection 2.6., after the word "viators" by
striking out the words "by viatical settlement providers";
On page four, subsection 4.2., subdivision b., after the word "domicile" by striking out the words "and a West Virginia business
license from the Secretary of State's Office";
On page five, by striking out subdivision 4.2.c. in its
entirety;
And, by renumbering the remaining subdivisions;
On page five, subsection 4.2., subdivision f., by striking out
the words "all information" and inserting in lieu thereof the word
"informational";
On page five, subsection 4.2., subdivision f., after the word
"viators" by inserting the words "describing the viatical
settlement process";
On page five, subsection 4.3., subdivision b., after the word
"five" by inserting the word "consecutive";
On page six, by striking out subsection 4.6. in its entirety;
And, by renumbering the remaining subsections;
On page six, subsection 4.8., after the word "license." by
striking out the words "All viatical settlement broker licenses, as
fixed by the Commissioner, shall expire at midnight on the thirty
first day of May next following the date of issuance." and
inserting in lieu thereof the words "The date upon which the
viatical settlement broker license shall expire for individuals and
entities shall be at the discretion of the Commissioner.";
On page six, subsection 4.10., subdivision a., after the word
"directions" by striking out the word "posited" and inserting in
lieu thereof the word "posted";
On page nine, subsection 6.2., after the word "broker" by
inserting the words "and each insurance producer whose viatical
settlement activities are incidental to their business activities";
On page twelve, section 9, after the word "A" by striking out
the word "person" and inserting in lieu thereof the words "viatical
settlement provider";
On page twelve, section 9, after the word "similar" by
striking the word "ro" and inserting in lieu thereof the word "to";
And,
On page fourteen, subsection 12.1., subdivision b., after the
words "case of" by striking the word "in" and inserting in lieu
thereof the word "an".
(h) The legislative rule filed in the State Register on July
17, 2009, 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 January 25,
2010, relating to the Insurance Commissioner (Preventive Care Pilot
Program, 114 CSR 87), is authorized.
(i) The legislative rule filed in the State Register on July
17, 2009, 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 December 12,
2009, relating to the Insurance Commissioner (Use of Senior-Specific Certifications and Professional Designations in the Sale
of Life Insurance and Annuities, 114 CSR 89), is authorized.
§64-7-4. Alcohol Beverage Control Commission.
The legislative rule filed in the State Register on July 16,
2009, authorized under the authority of section twenty-two-a,
article sixteen, chapter eleven 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 January 21, 2010, relating to the Alcohol Beverage
Commission (Nonintoxicating Beer Licensing and Operations
Procedures, 176 CSR 1), is authorized.
§64-7-5. Athletic Commission.
The legislative rule filed in the State Register on July 31,
2009, authorized under the authority of section twenty-four,
article five-a, chapter twenty-nine of this code, modified by the
Athletic Commission to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register January
8, 2010, relating to the Athletic Commission (Administrative Rules
of the West Virginia State Athletic Commission, 177 CSR 1), is
authorized.
§64-7-6. Lottery Commission.
The legislative rule filed in the State Register on July 27,
2009, authorized 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
January 20, 2010, relating to the Lottery Commission (Limited
Gaming Facility Rule, 179 CSR 4), is authorized with the following
amendments:
On page fifty-one, line seven, following the word
"through", by striking out the numeral "37" and inserting in lieu
thereof the numeral "38";
On page fifty-one, beginning on line eight, by striking out
section thirty-eight in its entirety;
On page eighty-one, 57.5.c, line thirty-four, following the
word "section", by striking out the word "fifty-three" and
inserting in lieu thereof the word "thirty-three";
On page eighty-four, 57.6.d, line six, following the word
"fifteen", by striking out the word "thirty-three" and inserting in
lieu thereof the word "sixteen";
On page one hundred twelve, 88.2.b, line thirteen, following
the word "paragraphs", by striking out the numerals "88.l.i.2 to
88.l.i.4" and inserting in lieu thereof the numerals "88.l.g.2 to
88.l.g.4";
On page one hundred thirty-three, beginning on line seventeen,
by striking out the following:
"115.5.c.2. 115.5.b.1. Dice;
115.5.c.3. 115.5.b.1. Tokens;
115.5.c.4. 115.5.b.1. Playing cards; and
115.5.c.5. 115.5.b.1. Positions on the roulette wheel."
and inserting in lieu thereof the following:
"115.5.c.2. 115.5.b.2. Dice;
115.5.c.3. 115.5.b.3. Tokens;
115.5.c.4. 115.5.b.4. Playing cards; and
115.5.c.5. 115.5.b.5. Positions on the roulette wheel.";
On page one hundred forty-one, line two, following the numeral
"119.3.b." by striking out the numeral "119.2.a." and inserting in
lieu thereof the numeral "119.2.b.";
On page one hundred forty-one, line three, following the
numeral "119.3.c." by striking out the numeral "119.2.a." and
inserting in lieu thereof the numeral "119.2.c.";
On page one hundred forty-three, line twenty, following the
numeral "121.3.a.3." by striking out the numeral "121.3.a.4." and
inserting in lieu thereof the numeral "121.3.a.2.";
On page one hundred forty-three, line twenty-one, following
the numeral "121.3.a.4." by striking out the numeral "121.3.a.5."
and inserting in lieu thereof the numeral "121.3.a.3.";
On page one hundred fifty-eight, 145.1, line thirty-one, by
striking out the numeral "§25-25-22a" and inserting in lieu the
numeral "§29-25-22a";
And,
On page one hundred seventy, 173.1, line thirty-one, following
the word "gambling", by inserting a comma.
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