ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4217
(By
Delegates Mahan, R. Thompson, Cann,
Kominar, Armstead and Faircloth
)
[Passed March 12, 2004; in effect from passage.]
AN ACT
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 the various executive
or administrative agencies 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 the division of banking to
promulgate a legislative rule relating to residential mortgage
lenders, brokers and loan originators
;
authorizing the
insurance commissioner to promulgate a legislative rule
relating to the licensing and conduct of individual insurance
producers, agencies and solicitors
;
authorizing the insurance
commissioner to promulgate a legislative rule relating to
surplus lines insurance
;
authorizing the insurance
commissioner to promulgate a legislative rule relating to
Medicare supplement insurance
;
authorizing the insurance
commissioner to promulgate a legislative rule relating to
accident and sickness rate filing
;
authorizing the insurance
commissioner to promulgate a legislative rule relating to
credit for reinsurance
;
authorizing the insurance commissioner
to promulgate a legislative rule relating to self-insurance
pools for political subdivisions
;
authorizing the lottery
commission to promulgate a legislative rule relating to the
state lottery
;
authorizing the lottery commission to
promulgate a legislative rule relating to limited video
lottery
;
authorizing the racing commission to promulgate a
legislative rule relating to thoroughbred racing
;
authorizing
the racing commission to promulgate a legislative rule
relating to greyhound racing
; and
authorizing the tax commissioner to promulgate a legislative rule relating to the
alternative resolution of tax disputes.
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. Division of banking.
The legislative rule filed in the state register on the
fifteenth day of July, two thousand three, authorized under the
authority of section three, article seventeen, chapter thirty-one,
of this code, modified by the division of banking 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 four, relating to the division of banking (residential
mortgage lenders, brokers and loan originators, 106 CSR 5), is
authorized, with the following amendment:
On page three, after section 3.1, by adding a new section to
read "3.2 All records required to be maintained by section 3.1
shall be kept in the specific loan file relating to the individual
borrower or loan applicant except for those records listed in
subsections 3.1.z, 3.1.aa, 3.1.bb and 3.1.cc.";
On page four, after section 4.1, by adding a new section to
read "4.2 All records required to be maintained by section 4.1 shall be kept in the specific loan file relating to the individual
borrower or loan applicant except for those records listed in
subsections 4.1.g, 4.1.h, 4.1.i, 4.1.j and 4.1.k.";
On page five, after section 5.1, by adding a new section to
read "5.2 All records required to be maintained by section 5.1
shall be kept in the specific loan file relating to the individual
borrower or loan applicant except for those records listed in
subsections 5.1.j, 5.1.k, 5.1.l, 5.1.m and 5.1.n.";
And,
On page seven, after section 6.1, by adding a new section to
read "6.2 All records required to be maintained by section 6.1
shall be kept in the specific loan file relating to the individual
borrower or loan applicant except for those records listed in
subsections 6.1.t, 6.1.u, 6.1.v, 6.1.w and 6.1.y."
§64-7-2. Insurance commissioner.
(a) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, 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 December, two
thousand three, relating to the insurance commissioner (licensing
and conduct of individual insurance producers, agencies and
solicitors, 114 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, 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 December, two
thousand three, relating to the insurance commissioner (surplus
lines insurance, 114 CSR 20), is authorized with the following
amendments:
On page three, by striking out all of subdivision 4.1 and
inserting in lieu thereof the following:
"4.1 Diligent Search - In accordance with the provisions of
West Virginia code §33-12C-5(a)(3), insurance coverage written by
a surplus lines insurer and placed by a surplus lines licensee may
not be procured until a diligent search has been made by the
individual insurance producer to place the risk with an admitted
insurer. The surplus lines licensee shall submit to the
commissioner a sworn notarized affidavit, as provided in subsection
4.5 of this rule, that a diligent search has been made by the
individual insurance producer to place the risk with licensed
insurers authorized to write and actually writing the particular
risk sought to be placed in the excess lines market. This
affidavit shall be maintained, as required by West Virginia code
§33-12C-16, as part of the full and true record of each surplus lines contract procured.";
On page three, section 4 (subdivision 4.2.a.) following the
word "rule" and the period by inserting the following:
"The affidavit shall affirm that the insured was expressly
advised prior to the placement of the insurance that:
The surplus lines insurer with which the insurance is
to be placed is not an admitted authorized insurer in
this state and is not subject to the commissioner's
supervision; and,
In the event the surplus lines insurance becomes
insolvent, claims will not be paid nor will unearned
premiums be returned by any West Virginia insurance
guaranty fund.";
On pages three and four by striking out all of subdivision
4.2.b. and inserting in lieu thereof the following:
"b. No individual insurance producer may solicit, procure,
place, or renew any insurance with a nonadmitted insurer unless the
producer has been unable to procure the requested insurance from an
authorized insurer after conducting a diligent search. A diligent
search requires the individual insurance producer to contact as
many insurers as the individual insurance producer represents, that
customarily write the kind of insurance requested by the insured.
A diligent search is presumed if declinations are received from
each authorized insured contacted.";
And,
On pages eleven and twelve, by striking out all of subdivision
7.2.b. and inserting in lieu thereof the following:
"b. Insurance coverages and classes not included on the export
list may only be placed with surplus lines insurers once a diligent
search has been made."
(c) The legislative rule filed in the state register on the
twenty-first day of March, two thousand three, 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.
(d) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, 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 December, two
thousand three, relating to the insurance commissioner (accident
and sickness rate filing, 114 CSR 26), is authorized.
(e) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, 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 twenty-third day of January,
two thousand four, relating to the insurance commissioner (credit
for reinsurance, 114 CSR 40), is authorized, with the following
amendment:
On page one, subsection 2.2, line one, after the words "alien
ceding insurer", by inserting the words "which is";
On page one, subsection 2.2, line two, by striking out the
word "that" and inserting in lieu thereof the word "and";
On page two, subdivision 4.1.d, line four, after the words
"The accredited reinsurer", by striking out the word "shall" and
inserting in lieu thereof the word "may";
On page three, subsection 5.1, line two, after the words
"insurer which", by inserting a comma:
On page three, subsection 5.1, line three, after the words "on
which", by striking out the remainder of the subsection and
inserting in lieu thereof the words "credit for reinsurance is
claimed on the domestic insurer's statutory financial statement";
On page four, subdivision 6.2.b, line two, after the word
"underwriters", by inserting a comma;
On page four, subdivision 6.2.b, line three, after the words
"United States", by inserting a period, striking out the words "and
in" and inserting in lieu thereof the word "In";
On page seven, subsection 6.6, line three, after the word
"dollars", by changing the comma to a semi-colon;
On page seven, subsection 6.6, line four, after the terms "(f)
and (g)", by changing the comma to a semi-colon;
On page seven, subsection 6.6, line five, after the terms "(f)
and (g)", by changing the comma to a semi-colon;
On page ten, subparagraph 6.6.f.1.B, line five, by striking
out the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 6.6.i, line three, by striking out
the words "shall be" and inserting in lieu thereof the word "is";
On page fifteen, subdivision 9.1.i, line three, by striking
out the words "shall have" and inserting in lieu thereof the word
"has";
And,
On page fifteen, subdivision 9.1.j, line three, by striking
out the words "shall be" and inserting in lieu thereof the word
"is".
(f) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, authorized under the
authority of section sixteen, article twelve-a, chapter twenty-
nine, of this code, relating to the insurance commissioner (self-
insurance pools for political subdivisions, 114 CSR 65), is
authorized.
§64-7-3. Lottery commission.
(a) The legislative rule filed in the state register on the
tenth day of July, two thousand three, authorized under the authority of section five, article twenty-two, chapter twenty-nine,
of this code, modified by the lottery commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of December,
two thousand three, relating to the lottery commission (state
lottery rules, 179 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand three, authorized under the
authority of section four hundred two, article twenty-two-b,
chapter twenty-nine, of this code, modified by the lottery
commission to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twelfth
day of January, two thousand four, relating to the lottery
commission (limited video lottery, 179 CSR 5), is authorized with
the following amendment:
On page three, section two, subsection 2.13, line four,
following the words "operating on", by inserting the word "that";
On page four, section two, subsection 2.15, line two,
following the word "Code", by striking out the citation "§11-14-2",
and inserting in lieu thereof the citation "§11-14C-2";
On page seven, section five, subsection 5.2, line one,
following the word "subdivision", by striking out the citation
"5.1.a", and inserting in lieu thereof the citation "5.1.b";
On page twenty-one, beginning on line four, by striking out section 30 in its entirety and redesignating the remaining sections
and parts thereof accordingly;
And,
On page twenty-four, section 34.2, by changing the period at
the end of the sentence to a colon and inserting the words:
"Provided, That a limited video lottery retailer may display a sign
on the exterior of the establishment that states 'West Virginia
Lottery Products available here,' which sign is of uniform size and
design, no greater than twelve inches by twelve inches, produced
and distributed to retailers by the lottery commission."
§64-7-4. Racing commission.
(a) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, 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 fifth day of December, two
thousand three, relating to the racing commission (thoroughbred
racing, 178 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section six, article twenty-three, chapter nineteen,
of this code, relating to the racing commission (greyhound racing,
178 CSR 2), is authorized.
§64-7-5. Tax commissioner.
The legislative rule filed in the state register on the
eighteenth day of February, two thousand three, authorized under
the authority of section twenty-three, 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-first day of April, two
thousand three, relating to the tax commissioner (alternative
resolution of tax disputes, 110 CSR 10g), is authorized, with the
following amendment:
On page two, subdivision 3.1.1, line two, after the word
"and", by inserting a comma;
On page two, subsection 3.5, line three, by striking the word
"shall" and inserting the in lieu thereof the word "must";
On page two, subsection 3.5, line six, after the word
"assessment" by inserting a comma;
On page two, subsection 3.5, line six, by striking the word
"commence" and inserting in lieu thereof the word "begin";
On page two, subdivision 3.5.1, line two, by striking the word
"that" and inserting in lieu thereof the word "as";
On page three, subsection 4.1, line two, after the word
"coordinator" by inserting a comma;
On page three, subdivision 4.2.1, line three, after the word
"approved" by striking the comma and inserting in lieu thereof a period;
On page three, subdivision 4.2.1, line three, by striking the
word "and" and inserting in lieu thereof "The conciliation
coordinator or assistant conciliation coordinator";
On page three, subdivision 4.2.1, line four, following the
word "date" by striking the comma and inserting in lieu thereof a
period;
On page three, subdivision 4.2.1, line five, by striking the
word "which" and inserting in lieu thereof the words "The
conference date";
On page three, subsection 4.4, line one by striking out the
words "without regard to the rules of evidence";
On page three, subsection 4.4, line three after the word
"dispute" by striking the period and inserting the words "and
without regard to the rules of evidence".
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