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Introduced Version House Bill 4191 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4191


(By Delegates Brown, Barker, Fleischauer, Guthrie, Hunt,

Longstreth, Marshall, D. Poling, Shook,


Staggers and Williams)

[Introduced January 27, 2010; referred to the

Committee on the Judiciary then Finance.]



A BILL to amend and reenact §33-2-10 of the Code of West Virginia, 1931, as amended, relating to eliminating the Insurance Commissioner's exemption relating to workers' compensation rulemaking from the Administrative Procedures Act.

Be it enacted by the Legislature of West Virginia:

That §33-2-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. INSURANCE COMMISSIONER.

§33-2-10. Rules and regulations.

(a) The commissioner is authorized to promulgate and adopt rules relating to insurance as are necessary to discharge his or her duties and exercise his or her powers and to effectuate the provisions of this chapter, protect and safeguard the interests of policyholders and the public of this state.

(b) The commissioner is authorized to promulgate rules necessary to discharge his or her duties relating to workers'
compensation insurance as set forth in chapter twenty-three of this code, which shall be exempt from the provisions of article three, chapter twenty-nine-a article three of this code, except that these rules shall be filed with the Secretary of State's office. However, beginning July 1, 2010, this exemption will expire and all rules relating to workers' compensation insurance as set forth in chapter twenty-three of this code will be subject to legislative review and approval pursuant to article three, chapter twenty-nine- a of this code.
(c) Prior to assuming regulatory authority over workers' compensation insurance pursuant to article two-c, chapter twenty- three of this code, the commissioner shall review and revise all applicable rules to reflect the assumption of this new regulatory authority: Provided, That all such revisions shall be exempt from the provisions of chapter twenty-nine-a, article three, except that the amended rules shall be filed with the Secretary of State's Office.



NOTE: The purpose of this act is to eliminate the Insurance Commissioner's exemption relating to workers' compensation rulemaking from the Administrative Procedures 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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