COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 274
(By Senators Minard, Fanning, Prezioso, Unger and Boley)
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[Originating in the Committee on the Judiciary;
reported February 14, 2007.]
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A BILL to amend and reenact article 8, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by the Department of
Transportation; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the Department of
Transportation; 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 Highways to
promulgate a legislative rule relating to the transportation
of hazardous wastes upon the roads and highways; authorizing
the Division of Highways to promulgate a legislative rule
relating to waste tire remediation and environmental cleanup;
and authorizing the Division of Motor Vehicles to promulgate
a legislative rule relating to disclosure of information from
the files of the Division of Motor Vehicles.
Be it enacted by the Legislature of West Virginia:
That article 8, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 8. AUTHORIZATION FOR THE DEPARTMENT OF TRANSPORTATION TO
PROMULGATE LEGISLATIVE RULES.
§64-8-1. Division of Highways.
(a) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand six, authorized under the
authority of section seven, article eighteen, chapter twenty-two of
this code relating to the Division of Highways (transportation of
hazardous wastes upon the roads and highways, 157 CSR 7) is
authorized.
(b) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand six, authorized under the
authority of section eight, article two-a, chapter seventeen of
this code relating to the Division of Highways (waste tire remediation and environmental cleanup, 157 CSR 8) is authorized.
§64-8-2. Division of Motor Vehicles.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of sections nine and twelve, article two-a, chapter
seventeen-a of this code, modified by the Division of Motor
Vehicles to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the second
day of November, two thousand six, relating to the Division of
Motor Vehicles (disclosure of information from the files of the
Division of Motor Vehicles, 91 CSR 8) is authorized with the
following amendment:
On page one, line six, by striking out the words "POLICIES
PERTAINING TO THE";
On page one, section three by striking out the caption and
inserting in lieu thereof the following: "Statutory Background";
On page one, subsection 3.1., line four, after the words "use
of the information.", by creating a new subsection, designated
subsection 3.2.;
On page one, subsection 3.1., line six, after the word "seq.",
by creating a new subsection, designated subsection 3.3., and by
renumbering the remaining subsections accordingly;
On page two, subsection 4.1., by placing quotation marks
around the words "Appropriate identification", by striking out the
words "is defined as" and by inserting in lieu thereof the word
"means";
On page two, subsection 4.2., by placing quotation marks
around the words "Consensual users", by striking out the word "are"
and by inserting in lieu thereof the word "means";
On page two, subsection 4.3., by placing quotation marks
around the words "Permitted users", by striking out the word "are"
and by inserting in lieu thereof the word "means";
On page two, subsection 4.4., by placing quotation marks
around the word "Requestor", by striking out the words "is defined
as" and by inserting in lieu thereof the word "means";
On page two, subsection 4.5., by placing quotation marks
around the words "Required users", by striking out the word "are"
and by inserting in lieu thereof the word "means";
On page two, subsection 4.6., by placing quotation marks
around the words "Uniform Motor Vehicle Records Disclosure Act" and
the word "Act";
On page two, subsection 4.7., by placing quotation marks
around the words "Written permission";
On page four, after paragraph 6.2.a.3., by inserting a new
paragraph, designated paragraph 6.2.a.4., to read as follows:
If the Division discloses personal information pursuant to W.
Va. Code §17A-2A-7 and this subdivision, the Division shall notify
the person whose personal information was requested in writing that
the information has been disclosed as required by statute and this
rule. The notice provisions of this paragraph do not apply to
disclosure of information through bulk information contracts or
disclosure pursuant to a subpoena or court order.;
On page five, subsection 7.1., by striking out the words
"driver's license record" and inserting in lieu thereof the words
"abstract of operating record (7 years)";
And,
On page five, subsection 7.2., by striking out the words
"driver history" and inserting in lieu thereof the words "complete
abstract of operating record".
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