WEST virginia legislature

2018 regular session

Enrolled

Committee Substitute

for

Senate Bill 184

Senator Maynard, original sponsor

[Passed February 16, 2018;

in effect from passage]

AN ACT to amend and reenact §64-8-1 of the Code of West Virginia, 1931, as amended, relating generally to authorizing and directing the Division of Highways to promulgate certain legislative rules as filed, as modified, and as amended, and repealing a rule; authorizing the Division of Highways to promulgate a legislative rule relating to the disposal, lease, and management of real property and appurtenant structures, and relocation assistance; directing the Division of Highways to promulgate a legislative rule relating to employment procedures; and repealing the Division of Highways legislative rule relating to waste tire remediation/environmental clean-up.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. Authorization for Department of Transportation to promulgate legislative rules.

§64-8-1. Division of Highways.

(a) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §17-2A-19 of this code, modified by the Division of Highways to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 13, 2017, relating to the Division of Highways (disposal, lease, and management of real property and appurtenant structures and relocation assistance, 157 CSR 2), is authorized with the following amendments:

            On page 7, subsection 8.1, after the word “conditions”, by adding “unless longer lease terms have been approved by the Commissioner for utility accommodation leases.”; and

            On page 8, subsection 8.4, after the word “conditions”, by adding “unless longer lease terms have been approved by the Commissioner for utility accommodation leases.”

(b) The Legislature directs the Division of Highways, pursuant to the authority given to the division in §17-2A-24 of this code, to promulgate the legislative rule filed in the State Register by the division on January 22, 2018, relating to the division (employment procedures, 157 CSR 12) with the following amendments:

On page 2, by striking out all of subsection 2.8;

And,

By renumbering the remaining subsections.

(c) The legislative rule effective on May 4, 2001, authorized under the authority of §17-23-2 of this code, relating to the Division of Highways (waste tire remediation/environmental clean-up, 157 CSR 8), is repealed.