Bill-Attny Gen, RTO
H. B. 2339
(By Delegate Gallagher)
[Introduced March 1, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three, article nine, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
attorney general to promulgate legislative rules relating to
consumer lease disclosures in rent to own transactions.
Be it enacted by the Legislature of West Virginia:
That section three, article nine, 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 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS
TO PROMULGATE LEGISLATIVE RULES.
§64-9-3. Attorney general.
(a) The legislative rules filed in the state register on the
sixth day of December, one thousand nine hundred eighty-four,
relating to the attorney general (third party dispute
mechanisms), are authorized.
(b) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-five,
relating to the attorney general (fair treatment of crime victims
and witnesses), are authorized.
(c) The legislative rules filed in the state register on the
nineteenth day of September, one thousand nine hundred eighty-
six, modified by the attorney general to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the first day of December, one thousand nine
hundred eighty-six, relating to the attorney general (prevention
of unfair or deceptive acts or practices in home improvement and
home construction transactions), are authorized. These rules
were proposed by the attorney general pursuant to section one
hundred three, article six and section one hundred two, article
seven of chapter forty-six-a of this code with the following
amendments:
"Amending the title to the proposed legislative rule
wherever said title may appear, on lines three and four thereof,
by striking the words 'and home construction'.
On the index page following '3.' by striking the words 'and
home construction'.
On page 1, §1.2, line three, after the first word
"transactions" on line three, by striking the comma and the words
"and home construction transactions" and on line five, by
striking the period and inserting the words "but shall not cover
new construction of single-family dwellings or rebuilding all or
substantially all of an existing or preexisting single-family
dwelling."
Page 2, section 2.2 by striking all of lines seven and eight
and inserting in lieu thereof the following:
'unless: (a) it appears in printed or typed face larger
than the largest type used in the written contract, apart'.
On page 2, section 2.4, by striking all of section 2.4 and
inserting in lieu thereof a new section 2.4, to read as follows:
"2.4 'Home Construction' means, for the purpose of this
Rule, the repair, remodeling or the building of additions to
existing single-family dwelling units, including single-family
homes, condominium units or any other dwelling unit to be used by
any person primarily for personal or family use, but shall not
include new single-family home construction or the rebuilding of
all or substantially all of an existing or preexisting single-
family dwelling."
Page 3, section 2.6, on line two thereof, after the second
comma by inserting the word "replacement."
Page 3, section 3, by striking the words "and home
construction" from the section heading.
Page 3, section 3.1, lines one and two, by striking the
words "or home construction."
Page 4, section 3.1.4, on lines one and two thereof, by
striking the words "or home construction."
Page 4, section 3.1.8, on line two thereof, by striking the
words "or home construction."
Page 4, section 3.1.9, on lines two and three thereof, by
striking the words "or home construction."
Page 5, section 3.1.12, on lines one and two thereof, by
striking the words "or home construction."
Page 6, section 3.1.26, by striking all of section 3.1.26
and renumbering the subsequent subsections.
Page 7, section 3.1.29, on lines one and two thereof, by
striking the words "or home construction."
Page 7, section 3.1.29, on line six thereof, following the
word "contract" by inserting a period and striking the remainder
of the section.
Page 7, following section 3.1.29 by adding a new section to
be designated section 3.1.29, to read as follows:
"failed to file a certificate in the office of the Clerk of
the County Commission in the county in which the principal place
of business of the seller is located, setting forth the assumed
name in or by which the business is being conducted in conformity
with the provisions of Chapter 47, Article 8, Section 2 of the
Code of West Virginia, 1931, as amended."
Page 7, section 3.2, on lines two and three thereof, by
striking the words, "or home solicitation sale of home
construction" and the comma on line three.
Page 9, section 4.1, on line eight thereof, by deleting the
period and inserting the following:
'to the extent permitted by statute'.
Page 10, section 4.2, on line 9 thereof, by striking the
period and inserting the following:
'to the extent permitted by statute'.
(d) The legislative rules filed in the state register on the
twenty-third day of September, one thousand nine hundred eighty-
six, modified by the attorney general to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the first day of December, one thousand nine
hundred eighty-six, relating to the attorney general (prevention
of unfair or deceptive acts or practices in the sale of damaged
goods or products), are authorized.
(e) The legislative rules filed in the state register on the
twenty-third day of September, one thousand nine hundred eighty-
seven, modified by the attorney general to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-fifth day of November, one thousand
nine hundred eighty-seven, relating to the attorney general
(administration of preneed burial contracts), are authorized with
the following amendments set forth below:
On page 9, section 8.2, by striking the words "within thirty
days after the death of a contract beneficiary," and inserting in
lieu thereof the following: "On or before the first day of
January and the first day of July of each year," and after the
word "provided" by striking the comma and inserting in lieu
thereof "after the death of any contract beneficiary during the
previous six-month period,";
On page 12, section 9.7, by striking all of 9.7;
Beginning on page 15, by striking the entirety of section
15;
And,
Beginning on page 18, by striking the entirety of section
16, and by renumbering the remaining sections.
(f) The legislative rules filed in the state register on the
eleventh day of August, one thousand nine hundred eighty-nine,
modified by the attorney general to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-sixth day of October, one thousand nine
hundred eighty-nine, relating to the attorney general (allowing
persons who are indirectly injured by violations of the WestVirginia antitrust act to recover damages), are authorized.
(g) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the attorney general to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of December, one thousand nine
hundred eighty-nine, relating to the attorney general (health
spas), are authorized.
(h) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the attorney general (authorizing the attorney general to
require persons upon whom subpoenas are served to answer written
questions under oath), are authorized.
(i) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the attorney general (obtaining assistance of public officials
in investigations and the commencement of proceedings to compel
compliance), are authorized.
(j) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the attorney general to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twentieth day of November, one thousand nine hundred ninety,
relating to the attorney general (limitation of action and
recovery of investigative costs and a reasonable attorney's fee
by the attorney general in an enforcement action), are
authorized.
(k) The legislative rules filed in the state register on thetenth day of August, one thousand nine hundred ninety, modified
by the attorney general to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-third day of January, one thousand nine hundred
ninety-one, relating to the attorney general (regulated business
exemption under the West Virginia antitrust act), are authorized.
(l) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the attorney general to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-second day of January, one thousand nine hundred
ninety-one, relating to the attorney general (defining the term
"federal antitrust laws" and prohibiting tying and reciprocity),
are authorized.
(m) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the attorney general to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of February,
one thousand nine hundred ninety-three, relating to the attorney
general (consumer lease disclosures in rent to own transactions),
are authorized.
NOTE: The purpose of this bill is to authorize the Attorney
General to promulgate legislative rules relating to consumer
lease disclosures in rent to own transactions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.