
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 287
(By Senators Ross, Minard,
Snyder, Boley and Minear)
__________
[Originating in the Committee on the Judiciary; reported February
25, 2003.]
__________
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.