COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 357
(By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear)
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[Originating in the Committee on the Judiciary;
reported February 24, 2006.]
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A BILL to amend and reenact article 7, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by Department of Revenue
and the procedures relating thereto; 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 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 Insurance Commissioner to promulgate
a legislative rule relating to unfair trade practices;
authorizing Insurance Commissioner to promulgate a legislative
rule relating to licensing and conduct of individual insurance
producers, agencies and solicitors; authorizing Insurance
Commissioner to promulgate a legislative rule relating to the
West Virginia Essential Property Insurance Association;
authorizing Insurance Commissioner to promulgate a legislative
rule relating to nonrenewal of property insurance policies;
authorizing Insurance Commissioner to promulgate a legislative
rule relating to private passenger automobile and property
insurance - biannual rate filing requirements; authorizing
Insurance Commissioner to promulgate a legislative rule
relating to replacement of life insurance policies and annuity
contracts; authorizing Racing Commission to promulgate
legislative rule relating to greyhound racing; authorizing Tax
Commissioner to promulgate a legislative rule relating to
business registration certificate - suspension for failure to
pay personal property taxes; and authorizing Tax Commissioner
to promulgate a legislative rule relating to valuation of
active and reserve coal for ad valorem property tax purposes.
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. Insurance Commissioner.
(a) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, 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 twentieth day of January, two thousand six,
relating to the Insurance Commissioner (unfair trade practices, 114
CSR 14), is authorized, with the following amendment:
On page two, subsection 2.3., by striking out the words "for
which premiums were paid by the claimant or on the claimant's
behalf";
On page two, subsection 2.8., by striking out the words "for
which premiums were not paid by the claimant or on his or her
behalf";
On page two, subsection 2.9., before the word "compensation",
by inserting the word "the";
On page three, subsection 4.4., by striking out the words "in
the policy or set" and, after the words "statute or", by inserting
the word "legislative";
On page five, subdivision 6.4.b., after the word "whether", by
striking out the words "or not";
On page eight, by striking out subsection 6.17. in its
entirety and by renumbering the subsequent subsection;
On page eight, after subsection 6.18., by adding a new
subsection, designated subsection 6.18, to read as follows:
6.18. Motor vehicle repair shops. -- An insurer may furnish to
the claimant the names of one or more conveniently located motor
vehicle repair shops that will perform the repairs; however no
insurer may require the claimant to use a particular repair shop or
location to obtain the repairs.;
And,
On page eleven, subdivision 7.3., by striking out the words
"of the insurer's choice" and inserting in lieu thereof the words
"recommended by the insurer".
(b) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, 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 twentieth day of January, two thousand six,
relating to the Insurance Commissioner (licensing and conduct of
individual insurance producers, agencies and solicitors, 114 CSR
2), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section ten, article two, chapter thirty-three of this
code, relating to the Insurance Commissioner (West Virginia
Essential Property Insurance Association, 114 CSR 21), is
authorized.
(d) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section ten, article two, chapter thirty-three of this
code, relating to the Insurance Commissioner (Medicare supplement
insurance, 114 CSR 24), is authorized.
(e) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section ten, article two, chapter thirty-three of this
code, relating to the Insurance Commissioner (nonrenewal of
property insurance policies, 114 CSR 74), is authorized.
(f) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section ten, article two, chapter thirty-three of this
code, relating to the Insurance Commissioner (nonrenewal of
property insurance policies, 114 CSR 74), is authorized.
(g) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (private passenger
automobile and property insurance - biannual rate filing
requirements, 114 CSR 75), is authorized.
(h) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, 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 twentieth day of January, two thousand six,
relating to the Insurance Commissioner (replacement of life
insurance policies and annuity contracts, 114 CSR 8), is
authorized.
§64-7-2. Racing Commission.
The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section six, article twenty-three, chapter nineteen of
this code, modified by the Racing Commission to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on the eighteenth day of January, two thousand six,
relating to the Racing Commission (greyhound racing, 178 CSR 2), is
authorized, with the following amendment:
On page forty-two, subsection 51.6., by striking out the words
"were six (6) months of age. Provided, that effective January 1,
2007, in order to participate in the West Virginia Greyhound Breeding Development Fund, a greyhound born on or after that date
must be from a litter that was whelped in the State of West
Virginia and remained domiciled in West Virginia at least until the
puppies";
On page forty-three, subdivision 51.7.7., by striking out the
words "six consecutive months of occupancy in West Virginia
starting from the date of whelping. Provided that effective
January 1, 2007, with regard to a greyhound born on or after that
date, affirm that the greyhound was whelped in West Virginia and
that the greyhound was not removed from West Virginia to a place
outside West Virginia at any time prior to the completion of";
On page forty-three, subsection 51.7.8., by striking out the
words "six (6) months of age, it is the owner's or the lessee's
responsibility to notify the Racing Commission within ten (10) days
of removal and that any West Virginia bred greyhound that is
removed to a location outside of West Virginia prior to the
completion of six consecutive months of occupancy in West Virginia
starting from the date of whelping shall be disqualified by the
Racing Commission from participation in the West Virginia Greyhound
Breeding Development Fund. Provided that effective January 1, 2007,
with regard to a greyhound born on or after that date, affirm that
the owner or lessee further understands that if any West Virginia
bred greyhound is removed from West Virginia prior to";
On page forty-four, subdivision 51.7.11., after the words "State for", by striking out the word "at";
On page forty-eight, table 51.4., paragraph 4,
by striking out
the word "Virgjnia" and inserting in lieu thereof the word
"Virginia";
On page forty-eight, table 51.4., paragraph 5,
by striking out
the words "both bred and";
On page forty-eight, table 51.4., paragraph 5,
by striking out
the words "six (6)" and inserting in lieu thereof the words "twelve
(12)";
On page forty-nine, table 51.5., paragraph 5,
by striking out
the words "both bred and";
And,
On page forty-nine, table 51.5., paragraph 5,
by striking out
the words "six (6)" and inserting in lieu thereof the words "twelve
(12)".
§64-7-3. Tax Commissioner.
(a)The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section five, article twelve, 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 twentieth day of December, two thousand five,
relating to the Tax Commissioner (business registration certificate
- suspension for failure to pay personal property taxes, 110 CSR 12D), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section eleven, article one-a, chapter eleven of this
code, relating to the Tax Commissioner (valuation of active and
reserve coal property for ad valorem property tax purposes, 110 CSR
1I), is authorized, with the following amendment:
On page seventeen, subparagraph 4.2.3.16., by striking out the
words "that is above local drainage".