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Senator Bennett moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1. This act may be cited as the "John and Patricia

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Seibel Act."

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     Section 2.  Paragraph (a) of subsection (2) of section

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626.171, Florida Statutes, is amended to read:

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     626.171  Application for license as an agent, customer

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representative, adjuster, service representative, managing

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general agent, or reinsurance intermediary.--

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     (2)  In the application, the applicant shall set forth:

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     (a)  His or her full name, age, social security number,

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residence address, business address, and mailing address, contact

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telephone numbers, including a business telephone number, and e-

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mail address.

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However, the application must contain a statement that an

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applicant is not required to disclose his or her race or

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ethnicity, gender, or native language, that he or she will not be

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penalized for not doing so, and that the department will use this

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information exclusively for research and statistical purposes and

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to improve the quality and fairness of the examinations.

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     Section 3.  Paragraph (k) is added to subsection (3) of

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section 626.2815, Florida Statutes, to read:

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     626.2815  Continuing education required; application;

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exceptions; requirements; penalties.--

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     (3)

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     (k) Any person who holds a license to solicit or sell life

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insurance in this state must complete a minimum of 3 hours in

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continuing education, approved by the department, on the subject

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of suitability in annuity and life insurance transactions. A

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licensee may use the hours obtained under this paragraph to

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satisfy the requirement for continuing education in ethics under

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paragraph (a).

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     Section 4.  Section 626.551, Florida Statutes, is amended to

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read:

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     626.551  Notice of change of address, name.--Every licensee

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shall notify the department in writing within 60 days after a

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change of name, residence address, principal business street

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address, or mailing address, contact telephone numbers, including

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a business telephone number, or e-mail address. A Any licensed

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agent who has moved his or her residence from this state shall

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have his or her license and all appointments immediately

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terminated by the department. Failure to notify the department

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within the required time period shall result in a fine not to

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exceed $250 for the first offense and, for subsequent offenses, a

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fine of at least not less than $500 or suspension or revocation

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of the license pursuant to s. 626.611 or s. 626.621.

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     Section 5.  Section 626.9521, Florida Statutes, is amended

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to read:

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     626.9521  Unfair methods of competition and unfair or

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deceptive acts or practices prohibited; penalties.--

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     (1)  No person shall engage in this state in any trade

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practice which is defined in this part as, or determined pursuant

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to s. 626.951 or s. 626.9561 to be, an unfair method of

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competition or an unfair or deceptive act or practice involving

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the business of insurance.

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     (2) Except as provided in subsection (3), any person who

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violates any provision of this part is shall be subject to a fine

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in an amount not greater than $2,500 for each nonwillful

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violation and not greater than $20,000 for each willful

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violation. Fines under this subsection may not exceed an

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aggregate amount of $10,000 for all nonwillful violations arising

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out of the same action or an aggregate amount of $100,000 for all

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willful violations arising out of the same action. The fines

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authorized by this subsection may be imposed in addition to any

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other applicable penalty.

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     (3)(a) If a person violates s. 626.9541(1)(l), the offense

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known as "twisting," or violates s. 626.9541(1)(aa), the offense

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known as "churning," the person commits a misdemeanor of the

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first degree, punishable as provided in s. 775.082, and an

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administrative fine not greater than $5,000 shall be imposed for

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each nonwillful violation or an administrative fine not greater

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than $30,000 shall be imposed for each willful violation. To

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impose criminal penalties under this paragraph, the practice of

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"churning" or "twisting" must involve fraudulent conduct.

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     (b) If a person violates s. 626.9541(1)(ee) by willfully

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submitting fraudulent signatures on an application or policy-

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related document, the person commits a misdemeanor of the first

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degree, punishable as provided in s. 775.082, and an

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administrative fine not greater than $5,000 shall be imposed for

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each nonwillful violation or an administrative fine not greater

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than $30,000 shall be imposed for each willful violation.

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     (c) Administrative fines under this subsection may not

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exceed an aggregate amount of $50,000 for all nonwillful

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violations arising out of the same action or an aggregate amount

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of $250,000 for all willful violations arising out of the same

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action.

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     Section 6. Any increase in the fines imposed under s.

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626.9521, Florida Statutes, which exceeds the increase provided

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by this act shall supersede the amendments made to that section

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by this act if such increase is enacted during the 2008

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legislative session and becomes law, and the amendments to s.

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626.9521, Florida Statutes, made by this act shall not take

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effect.

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     Section 7.  Paragraph (aa) of subsection (1) of section

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626.9541, Florida Statutes, is amended, and paragraphs (ee) and

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(ff) are added to that subsection, to read:

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     626.9541  Unfair methods of competition and unfair or

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deceptive acts or practices defined.--

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     (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

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ACTS.--The following are defined as unfair methods of competition

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and unfair or deceptive acts or practices:

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     (aa)  Churning.--

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     1.  Churning is the practice whereby policy values in an

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existing life insurance policy or annuity contract, including,

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but not limited to, cash, loan values, or dividend values, and in

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any riders to that policy or contract, are directly or indirectly

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used utilized to purchase another insurance policy or annuity

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contract with that same insurer for the purpose of earning

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additional premiums, fees, commissions, or other compensation:

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     a.  Without an objectively reasonable basis for believing

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that the replacement or extraction will result in an actual and

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demonstrable benefit to the policyholder;

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     b.  In a fashion that is fraudulent, deceptive, or otherwise

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misleading or that involves a deceptive omission;

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     c.  When the applicant is not informed that the policy

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values including cash values, dividends, and other assets of the

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existing policy or contract will be reduced, forfeited, or used

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utilized in the purchase of the replacing or additional policy or

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contract, if this is the case; or

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     d.  Without informing the applicant that the replacing or

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additional policy or contract will not be a paid-up policy or

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that additional premiums will be due, if this is the case.

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Churning by an insurer or an agent is an unfair method of

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competition and an unfair or deceptive act or practice.

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     2.  Each insurer shall comply with sub-subparagraphs 1.c.

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and 1.d. by disclosing to the applicant at the time of the offer

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on a form designed and adopted by rule by the commission if, how,

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and the extent to which the policy or contract values (including

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cash value, dividends, and other assets) of a previously issued

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policy or contract will be used to purchase a replacing or

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additional policy or contract with the same insurer. The form

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must shall include disclosure of the premium, the death benefit

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of the proposed replacing or additional policy, and the date when

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the policy values of the existing policy or contract will be

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insufficient to pay the premiums of the replacing or additional

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policy or contract.

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     3.  Each insurer shall adopt written procedures to

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reasonably avoid churning of policies or contracts that it has

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issued, and failure to adopt written procedures sufficient to

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reasonably avoid churning shall be an unfair method of

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competition and an unfair or deceptive act or practice.

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     (ee) Fraudulent signatures on an application or policy-

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related document.--Willfully submitting to an insurer on behalf

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of a consumer an insurance application or policy-related document

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bearing a false or fraudulent signature.

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     (ff) Unlawful use of designations; misrepresentation of

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agent qualifications.--

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     1. A licensee may not, in any sales presentation or

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solicitation for insurance, use a designation or title in such a

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way as to falsely imply that the licensee:

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     a. Possesses special financial knowledge or has obtained

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specialized financial training; or

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     b. Is certified or qualified to provide specialized

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financial advice to senior citizens.

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     2. A licensee may not use terms such as "financial advisor"

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in such a way as to falsely imply that the licensee is licensed

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or qualified to discuss, sell, or recommend financial products

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other than insurance products.

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     3. A licensee may not, in any sales presentation or

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solicitation for insurance, falsely imply that he or she is

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qualified to discuss, recommend, or sell securities or other

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investment products in addition to insurance products.

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     4. A licensee who also holds a designation as a certified

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financial planner (CFP), chartered life underwriter (CLU),

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chartered financial consultant (ChFC), life underwriter training

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council fellow (LUTC), or the appropriate license to sell

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securities from the Financial Industry Regulatory Authority

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(FINRA) may inform the customer of those licenses or designations

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and make recommendations in accordance with those licenses or

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designations, and in so doing does not violate this paragraph.

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     Section 8.  Paragraph (a) of subsection (4) of section

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626.99, Florida Statutes, is amended to read:

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     626.99  Life insurance solicitation.--

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     (4)  DISCLOSURE REQUIREMENTS.--

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     (a)  The insurer shall provide to each prospective purchaser

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a buyer's guide and a policy summary prior to accepting the any

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applicant's initial premium or premium deposit, unless the policy

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for which application is made provides contains a provision for

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an unconditional refund for a period of at least 14 10 days, or

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unless the policy summary contains an offer of such an

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unconditional refund, in which event the buyer's guide and policy

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summary must be delivered with the policy or prior to delivery of

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the policy. With respect to fixed annuities, the insurer shall

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provide to each prospective purchaser a buyer's guide to

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annuities and a contract summary as provided in the National

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Association of Insurance Commissioners (NAIC) Model Annuity and

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Deposit Fund Regulation and the policy must provide shall contain

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a provision for an unconditional refund for a period of at least

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14 10 days.

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     Section 9.  Section 627.4554, Florida Statutes, is amended

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to read:

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     627.4554  Annuity investments by seniors.--

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     (1)  PURPOSE; CONSTRUCTION.--

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     (a)  The purpose of this section is to set forth standards

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and procedures for making recommendations to senior consumers

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which result in a transaction involving annuity products to

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appropriately address the insurance needs and financial

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objectives of senior consumers at the time of the transaction.

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     (b) A violation of Nothing in this section does not shall

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be construed to create or imply a private cause of action for a

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violation of this section.

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     (c) Nothing in this section shall subject an insurer to

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criminal or civil liability for the acts of independent

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individuals not affiliated with that insurer for selling its

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products, when such sales are made in a way not authorized by the

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insurer.

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     (2)  APPLICATION.--This section applies to any

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recommendation to purchase or exchange an annuity made to a

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senior consumer by an insurance agent, or an insurer where no

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agent is involved, and which, that results in the purchase or

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exchange recommended.

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     (3) DEFINITIONS.--For purposes of this section, the term:

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     (a) "Annuity contract" means a fixed annuity, equity

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indexed annuity, fixed equity indexed annuity, or variable

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annuity that is individually solicited, whether the product is

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classified as an individual annuity or a group annuity.

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     (b)  "Recommendation" means advice provided by an insurance

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agent, or an insurer if no insurance agent is involved, to an

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individual senior consumer which results in a purchase or

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exchange of an annuity in accordance with that advice.

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     (c)  "Senior consumer" means a person 65 years of age or

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older. In the event of a joint purchase by more than one party, a

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purchaser is considered to be a senior consumer if any of the

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parties is age 65 or older.

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     (4)  DUTIES OF INSURERS AND INSURANCE AGENTS.--

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     (a) In recommending to a senior consumer the purchase or

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exchange of an annuity that or the exchange of an annuity that

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results in another insurance transaction or series of insurance

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transactions, an insurance agent, or an insurer if no insurance

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agent is involved, must shall have an objectively reasonable

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basis grounds for believing that the recommendation is suitable

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for the senior consumer based on the basis of the facts disclosed

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by the senior consumer as to his or her investments and other

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insurance products and as to his or her financial situation and

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needs.

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     (b)  Before executing a purchase or exchange of an annuity

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resulting from a recommendation to a senior consumer, an

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insurance agent, or an insurer if no insurance agent is involved,

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shall make reasonable efforts to obtain information concerning

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the suitability of senior consumer's financial status, tax

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status, and investment objectives and such other information used

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or considered to be reasonable by the insurance agent, or the

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insurer if no agent is involved, in making the recommendation.

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The information shall include, at a minimum:

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     1. Personal information, including the age and sex of the

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parties to the annuity and the ages and number of any dependents;

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     2. Tax status of the consumer;

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     3. Investment objectives of the consumer;

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     4. The source of the funds to be used to purchase the

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annuity;

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     5. The applicant's annual income;

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     6. Intended use of the annuity;

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     7. The applicant's existing assets, including investment

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holdings;

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     8. The applicant's liquid net worth and liquidity needs;

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     9. The applicant's financial situation and needs;

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     10. The applicant's risk tolerance; and

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     11. Such other information used or considered to be

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relevant by the insurance agent or insurer in making

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recommendations to the consumer regarding the purchase or

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exchange of an annuity contract.

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This information shall be collected on a form adopted by rule by

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the department and completed and signed by the applicant and

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agent. Questions requesting this information must be presented in

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at least 12-point type and be sufficiently clear so as to be

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readily understandable by both the agent and the consumer. A true

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and correct executed copy of the form shall be provided by the

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agent to the insurer, or the third party that has contracted with

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such insurer pursuant to subparagraph (f)3., within 10 days after

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execution of the form, and shall be provided to the consumer no

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later than the date of delivery of the contract or contracts.

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     (c)1.  Except as provided under subparagraph 2., an

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insurance agent, or an insurer if no insurance agent is involved,

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has no shall not have any obligation to a senior consumer under

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paragraph (a) related to any recommendation if the senior

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consumer:

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     a.  Refuses to provide relevant information requested by the

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insurer or insurance agent;

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     b.  Decides to enter into an insurance transaction that is

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not based on a recommendation of the insurer or insurance agent;

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or

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     c.  Fails to provide complete or accurate information.

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     2.  An insurer or insurance agent's recommendation subject

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to subparagraph 1. shall be objectively reasonable under all the

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circumstances actually known to the insurer or insurance agent at

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the time of the recommendation.

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     3. If the consumer refuses to provide relevant information

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requested by the insurance agent or insurer, before the execution

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of the sale the insurance agent or insurer shall obtain a signed

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verification from the senior consumer on a form adopted by rule

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by the department that he or she refuses to provide the requested

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information and may be limiting protections afforded by this

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section regarding the suitability of the sale.

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     (d) In addition to the information required by paragraph

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(b), before the execution of a replacement or exchange of an

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annuity contract resulting from a recommendation, the insurance

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agent shall also provide, on a form adopted by rule by the

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department, information concerning differences between each

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existing annuity contract and the annuity contract being

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recommended in order to determine the suitability of the

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recommendation and its benefit to the consumer. A true and

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correct executed copy of this form shall be provided by the agent

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to the insurer, or the third party that has contracted with such

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insurer pursuant to subparagraph (f)3., within 10 days after

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execution of the form, and shall be provided to the consumer no

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later than the date of delivery of the contract or contracts. The

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information shall include, at a minimum:

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     1. A comparison of the benefits, terms, and limitations

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between the annuity contracts.

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     2. A comparison of any fees and charges between the annuity

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contracts.

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     3. A written basis for the recommended exchange, including

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the overall advantages and disadvantages to the consumer if the

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recommendation is followed.

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     4. Such other information used or considered to be relevant

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by the insurance agent or the insurer in making recommendations

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to the consumer regarding the replacement or exchange of an

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annuity contract.

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     (e) Prior to the execution of a purchase or exchange of an

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annuity contract resulting from a recommendation, an agent shall

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also disclose to the consumer that such purchase or exchange may

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have tax consequences and that the applicant should contact his

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or her tax advisor for more information.

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     (f)(d)1. An insurer or insurance agent must shall ensure

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that a system to supervise recommendations, which is reasonably

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designed to achieve compliance with this section, is established

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and maintained by complying with subparagraphs 3., 4., and 5., or

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shall establish and maintain such a system, including, but not

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limited to:

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     a.  Maintaining written procedures.

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     b.  Conducting periodic reviews of its records that are

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reasonably designed to assist in detecting and preventing

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violations of this section.

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     2.  A managing general agent and an insurance agency shall

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adopt a system established by an insurer to supervise

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recommendations of its insurance agents which is reasonably

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designed to achieve compliance with this section or shall

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establish and maintain such a system, including, but not limited

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to:

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     a.  Maintaining written procedures.

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     b.  Conducting periodic reviews of records that are

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reasonably designed to assist in detecting and preventing

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violations of this section.

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     3.  An insurer may contract with a third party, including a

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managing general agent or an insurance agency, to establish and

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maintain a system of supervision as required by subparagraph 1.

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with respect to insurance agents under contract with or employed

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by the third party.

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     4.  An insurer shall make reasonable inquiry to ensure that

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such third party contracting under subparagraph 3. is performing

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the functions required under subparagraph 1. and shall take such

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action as is reasonable under the circumstances to enforce the

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contractual obligation to perform the functions. An insurer may

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comply with its obligation to make reasonable inquiry by:

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     a.  Annually obtaining a certification from a third party

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senior manager who has responsibility for the delegated functions

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that the manager has a reasonable basis to represent, and does

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represent, that the third party is performing the required

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functions.

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     b.  Based on reasonable selection criteria, periodically

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selecting third parties contracting under subparagraph 3. for a

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review to determine whether the third parties are performing the

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required functions. The insurer shall perform any procedures

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necessary to conduct the review which are reasonable under the

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circumstances.

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     5.  An insurer that contracts with a third party pursuant to

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subparagraph 3. and complies with the requirements specified in

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subparagraph 4. is deemed to have fulfilled its responsibilities

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under subparagraph 1.

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     6.  An insurer, managing general agent, or insurance agency

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is not required by subparagraph 1. or subparagraph 2. to:

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     a.  Review or provide for review of all transactions

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solicited by an insurance agent; or

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     b.  Include in its system of supervision an insurance

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agent's recommendations to senior consumers of products other

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than the annuities offered by the insurer, managing general

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agent, or insurance agency.

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     7.  A managing general agent or insurance agency contracting

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with an insurer pursuant to subparagraph 3. shall promptly, when

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requested by the insurer pursuant to subparagraph 4., provide a

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certification as described in subparagraph 4. or provide a clear

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statement that the managing general agent or insurance agency is

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unable to meet the certification criteria.

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     8.  A person may not provide a certification under sub-

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subparagraph 4.a. unless the person is a senior manager with

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responsibility for the delegated functions and has a reasonable

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basis for making the certification.

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     (5)  MITIGATION OF RESPONSIBILITY.--

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     (a)  The office may order an insurer to take reasonably

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appropriate corrective action, including rescission of the policy

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or contract and a full refund of the premiums paid or the

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accumulation value, whichever is greater, for any senior consumer

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harmed by a violation of this section by the insurer or the

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insurer's insurance agent.

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     (b)  The department may order:

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     1.  An insurance agent to take reasonably appropriate

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corrective action for any senior consumer harmed by a violation

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of this section by the insurance agent.

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     2.  A managing general agency or insurance agency that

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employs or contracts with an insurance agent to sell or solicit

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the sale of annuities to senior consumers to take reasonably

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appropriate corrective action for any senior consumer harmed by a

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violation of this section by the insurance agent.

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     (c)  Any applicable penalty under the Florida Insurance Code

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for a violation of paragraph (4)(a), paragraph (4)(b), or

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subparagraph (4)(c)2. may be reduced or eliminated, according to

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a schedule adopted by the office or the department, as

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appropriate, if corrective action for the senior consumer was

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taken promptly after a violation was discovered.

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     (6)  RECORDKEEPING.--

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     (a)  Insurers, managing general agents, insurance agencies,

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and insurance agents shall maintain or be able to make available

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from the entity or entities responsible for maintaining the

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records pursuant to paragraph (4)(f), to the department or

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office, as appropriate, records of the information collected from

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the senior consumer and other information used in making the

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recommendations that were the basis for insurance transactions

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for 5 years after the insurance transaction is completed by the

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insurer. An insurer is permitted, but shall not be required, to

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maintain documentation on behalf of an insurance agent.

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     (b) Records required to be maintained by this subsection

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regulation may be maintained in paper, photographic,

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microprocess, magnetic, mechanical, or electronic media, or by

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any process that accurately reproduces the actual document.

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     (7)  EXEMPTIONS.--Unless otherwise specifically included,

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this section does not apply to recommendations involving:

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     (a)  Direct-response solicitations where there is no

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recommendation based on information collected from the senior

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consumer pursuant to this section.

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     (b)  Contracts used to fund:

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     1.  An employee pension or welfare benefit plan that is

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covered by the Employee Retirement and Income Security Act;

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     2.  A plan described by s. 401(a), s. 401(k), s. 403(b), s.

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408(k), or s. 408(p) of the Internal Revenue Code of 1986, as

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amended, if established or maintained by an employer;

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     3.  A government or church plan defined in s. 414 of the

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Internal Revenue Code of 1986, as amended, a government or church

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welfare benefit plan, or a deferred compensation plan of a state

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or local government or tax-exempt organization under s. 457 of

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the Internal Revenue Code of 1986, as amended;

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     4.  A nonqualified deferred compensation arrangement

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established or maintained by an employer or plan sponsor;

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     5.  Settlements of or assumptions of liabilities associated

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with personal injury litigation or any dispute or claim

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resolution process; or

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     6.  Prepaid funeral contracts.

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     (8) APPLICATION TO VARIABLE ANNUITIES.--Any person who is

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registered with a member of the Financial Industry Regulatory

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Authority, who is required to make a suitability determination,

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and who makes and documents such determination is deemed to

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Compliance with the National Association of Securities Dealers

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Conduct Rules in effect on January 1, 2004, shall satisfy the

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requirements under this section for the recommendation of

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variable annuities. This section does not limit the department's

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ability to enforce the provisions of this section with respect to

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insurance agents, insurance agencies, and managing general

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agents, or the office's ability to enforce the provisions of this

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section with respect to insurers.

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     (9) RULES.--The department and commission may adopt rules

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to administer this section.

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     Section 10.  Effective only if Senate Bill 648, adopted

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during the 2008 Regular Session of the Legislature, becomes a

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law, paragraph (d) is added to subsection (2) of section 627.551,

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Florida Statutes, to read:

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     627.551  Group contracts and plans of self-insurance must

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meet group requirements.--

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     (2)  Subsection (1) does not apply to life insurance

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policies or plans of self-insurance:

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     (a)  Insuring or providing benefits only to individuals

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related by blood, marriage, or legal adoption.

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     (b)  Insuring or providing benefits only to individuals who

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have a common interest through ownership of a business

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enterprise, or a substantial legal interest or equity therein,

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and who are actively engaged in the management of the business

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enterprise.

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     (c)  Insuring or providing benefits only to individuals

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otherwise having an insurable interest in each other's lives.

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     (d) Insuring or providing benefits pursuant to s.

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627.404(2)(b)8. or 9.

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     Section 11.  Section 627.805, Florida Statutes, is amended

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to read:

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     627.805  Regulation of variable and indeterminate value

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contracts; rules.--The Department of Financial Services and the

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Office of Insurance Regulation office, notwithstanding any other

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provision of law, shall have the sole authority to regulate the

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issuance and sale of variable and indeterminate value contracts

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pursuant to their respective authority as conferred by state law.

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The Office of Financial Regulation shall regulate the sale of

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variable and indeterminate value contracts pursuant to its

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authority under chapter 517. The Department of Financial Services

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and, when applicable, the Financial Services Commission, may, and

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the commission has authority to adopt rules pursuant to ss.

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120.536(1) and 120.54 to implement the provisions of this part.

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     Section 12. Effective upon this act becoming a law, the

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Department of Financial Services may adopt rules to implement

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this act. Section 9 of this act and such implementing rules shall

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take effect 60 days after the date on which the final rule is

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adopted or January 1, 2009, whichever is later.

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     Section 13.  Except as otherwise expressly provided in this

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act and except for this section, which shall take effect upon

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becoming a law, this act shall take effect January 1, 2009.

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509

================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to insurance; providing a short title;

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amending s. 626.171, F.S.; requiring that an applicant for

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licensure as an insurance agent, customer representative,

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adjuster, service representative, managing general agent,

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or reinsurance intermediary provide to the Department of

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Financial Services his or her contact and business

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telephone numbers and e-mail address; amending s.

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626.2815, F.S.; requiring persons licensed to solicit or

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sell life insurance to complete a specified number of

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hours in continuing education on the subject of

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suitability in annuity and life insurance transactions;

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amending s. 626.551, F.S.; requiring that a licensee

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notify the department within 60 days after a change in

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contact or business telephone numbers or e-mail address;

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amending s. 626.9521, F.S.; providing for administrative

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fines and criminal penalties for offenses involving

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misleading representations or fraudulent comparisons or

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omissions, the generation of unlawful fees and

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commissions, or the use of fraudulent signatures; limiting

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the aggregate amounts of fines; providing for other

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administrative fines to supersede the administrative fines

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and penalties provided by the act under certain

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conditions; amending s. 626.9541, F.S.; revising the

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elements of the offense known as "churning" to include

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direct or indirect purchases made for the purpose of

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earning fees or commissions; providing that the willful

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submission of certain fraudulent signatures or the

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misrepresentation of a licensee's qualifications

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constitute an unfair method of competition and an unfair

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or deceptive act or practice; amending s. 626.99, F.S.;

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revising requirements for life insurance or annuity

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policies to increase the period of time allowed for

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obtaining an unconditional refund; requiring insurers for

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all types of annuities to provide a buyer's guide and a

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policy summary to the buyer; amending s. 627.4554, F.S.;

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revising the regulation of recommendations relating to the

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sale of annuities to senior consumers; redefining the term

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"annuity"; requiring that an agent obtain financial and

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other information concerning the senior consumer before

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executing a purchase or exchange of an annuity; requiring

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that the agent perform a suitability analysis relative to

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the investment he or she recommends and document the

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analysis in writing; requiring an agent to provide a

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comparison of current and recommended products if the

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transaction involves the replacement or exchange of an

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annuity; requiring an agent to provide information about

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any surrender charges and tax consequences; exempting

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certain persons from compliance with certain separate

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suitability determinations under certain circumstances;

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authorizing the department and Financial Services

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Commission to adopt rules; amending s. 627.551, F.S.;

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expanding the list of life insurance policies and plans of

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self-insurance that are exempt from certain provisions of

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state law; providing for contingent effect; amending s.

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627.805, F.S.; providing for regulation of the issuance

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and sale of variable and indeterminate value contracts by

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the department, the Office of Insurance Regulation, and

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the Office of Financial Regulation; authorizing the

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department and the commission to adopt rules; providing an

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effective date for such rulemaking authority; providing

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for applicability of such rules; providing effective

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dates.

5/2/2008  9:31:00 AM     21-09529-08