Bill Text: WV SB296 | 2021 | Regular Session | Enrolled


Bill Title: Relating generally to repealing certain rules

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-05-24 - Chapter 176, Acts, Regular Session, 2021 [SB296 Detail]

Download: West_Virginia-2021-SB296-Enrolled.html

WEST virginia legislature

2021 regular session

Enrolled

Senate Bill 296

By Senator Sypolt

[Passed March 10, 2021; in effect 90 days from passage]

AN ACT to amend and reenact §64-12-1, §64-12-2, §64-12-3, and §64-12-4 of the Code of West Virginia, 1931, as amended, all relating generally to repealing certain legislative, procedural, and interpretative rules promulgated by certain agencies, boards, and commissions which are no longer authorized or are obsolete; authorizing certain agencies under the Department of Administration, Department of Health and Human Resources, Department of Revenue, and Department of Commerce to repeal certain legislative, procedural, and interpretative rules; repealing the Board of Risk and Insurance Management legislative rule relating to discontinuation of professional malpractice insurance; repealing the Department of Health and Human Resources legislative rule relating to DUI safety and treatment; repealing the Department of Health and Human Resources legislative rule relating to incorporation of the social services manual; repealing the Department of Health and Human Resources legislative rule relating to operating rules and regulations for the West Virginia Commission on Children and Youth; repealing the Department of Health and Human Resources legislative rule relating to state child fatality review team and county multidisciplinary review teams; repealing the Insurance Commissioner legislative rule relating to emergency medical services; repealing the Insurance Commissioner legislative rule relating to diabetes regulations; repealing the Racing Commission procedural rule relating to dispute resolution procedures; repealing the State Tax Department interpretative rule relating to tax shelter voluntary compliance program; repealing the State Tax Department interpretative rule relating to preference for determining successful bids; repealing the State Tax Department procedural rule relating to tobacco products excise tax on floorstocks; repealing the State Tax Department legislative rule relating to West Virginia Film Industry Investment Act; repealing the State Tax Department legislative rule relating to residential solar energy tax credit; repealing the State Tax Department legislative rule relating to Business Franchise Tax; repealing the Division of Labor legislative rule relating to hazardous chemical substances; and repealing the Division of Labor legislative rule relating to Commercial Bungee Jumping Safety Act.

Be it enacted by the Legislature of West Virginia:

ARTICLE 12. REPEAL OF UNAUTHORIZED AND OBSOLETE RULES.


§64-12-1. Department of Administration

Board of Risk and Insurance Management


The legislative rule effective April 14, 1992, authorized under the authority of §29-12-5 of this code, relating to the Board of Risk and Insurance Management (discontinuation of professional malpractice insurance, 115 CSR 04), is repealed.

§64-12-2. Department of Health and Human Resources


(a) The legislative rule effective May 4, 2012, authorized under the authority of §22-1-3 of this code, relating to the Department of Health and Human Resources (DUI safety and treatment, 64 CSR 98), is repealed.

(b) The legislative rule effective July 1, 1986, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (incorporation of the social services manual, 78 CSR 04), is repealed.

(c) The procedural rule effective March 15, 1986, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (operating rules and regulations for the West Virginia Commission on Children and Youth, 79 CSR 01), is repealed.

(d) The procedural rule effective December 1, 2001, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (state child fatality review team and county multidisciplinary review teams, 64 CSR 20), is repealed.

§64-12-3. Department of Revenue

(a) Insurance Commissioner


(1) The legislative rule effective May 16, 1997, authorized under the authority of §33-2-10 of this code, relating to the Insurance Commissioner (emergency medical services, 114 CSR 50), is repealed.

(2) The legislative rule effective May 16, 1997, authorized under the authority of §33-2-10 of this code, relating to the Insurance Commissioner (diabetes regulation, 114 CSR 52), is repealed.

(b) Racing Commission

The procedural rule effective September 30, 1991, authorized under the authority of §19-23-6 of this code, relating to the Racing Commission (dispute resolution procedures, 178 CSR 04), is repealed.

(c) State Tax Department

(1) The interpretative rule effective August 26, 2006, authorized under the authority of §11-10E-2 of this code, relating to the State Tax Department (tax shelter voluntary compliance program, 110 CSR 10E), is repealed.

(2) The interpretative rule effective October 12, 1992, authorized under the authority of §5A-3-37 of this code, relating to the State Tax Department (preference for determining successful bids, 110 CSR 12C), is repealed.

(3) The legislative rule effective May 11, 2010, authorized under the authority of §11-13X-9 of this code, relating to the State Tax Department (West Virginia Film Industry Investment Act, 110 CSR 13X), is repealed.

(4) The procedural rule effective June 16, 2003, authorized under the authority of §11-10-5 of this code, relating to the State Tax Department (tobacco products excise tax on floorstocks, 110 CSR 17A), is repealed.

(5) The legislative rule effective May 11, 2010, authorized under the authority of §11-13Z-3 of this code, relating to the State Tax Department (residential solar energy tax credit, 110 CSR 21D), is repealed.

(6) The legislative rule effective April 15, 1992, authorized under the authority of §11-10-5 of this code, relating to the State Tax Department (Business Franchise Tax, 110 CSR 23), is repealed.

§64-12-4. Department of Commerce

Division of Labor


(1) The legislative rule effective April 25, 1984, authorized under the authority of §21-3-18 of this code, relating to the Division of Labor (hazardous chemical substances, 42 CSR 04), is repealed.

(2) The legislative rule effective April 1, 1996, authorized under the authority of §21-12-3 of this code, relating to the Division of Labor (Commercial Bungee Jumping Safety Act, 42 CSR 23), is repealed.

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