BILL-Atny Gen, RTO
H. B. 4239
(By Delegates Gallagher, Douglas, Compton,
Huntwork, Burk and Faircloth)
(Introduced January 31, 1994; 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 the West Virginia consumer goods rental protection act.
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 West Virginia 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 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-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 sixteenth day of August, one thousand nine hundred ninety-three, 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-fourth day of January, one thousand nine hundred ninety-four, relating to the attorney general (West Virginia consumer goods rental protection act), are authorized.
NOTE: The purpose of this bill is to authorize the Attorney General to promulgate legislative rules relating to the West Virginia consumer goods rental protection act.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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