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Introduced Version House Bill 2875 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2875


(By Delegates D. Poling, Ellem, Williams and Michael)

[Introduced February 27, 2009; referred to the

Committee on Government Organization.]





A BILL to amend and reenact §17A-2-9 of the Code of West Virginia, 1931, as amended, relating to exempting Changeable Message Signs from the rulemaking authority of the Department of Motor Vehicles.

Be it enacted by the Legislature of West Virginia:

That §17A-2-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. DIVISION OF MOTOR VEHICLES.

§17A-2-9. Same -- Powers and duties; rules; seal.

(a) The commissioner shall observe, administer and enforce the provisions of this chapter and all laws the enforcement of which is now or hereafter vested in the department: Provided, That nothing in this chapter shall deprive the Public Service Commission of West Virginia of any of the duties or powers now vested in it with regard to the regulation of motor vehicle carriers.

(b) The commissioner may adopt and enforce any rules that are necessary to carry out the provisions of this chapter and any other laws the enforcement and administration of which are vested in the department: Provided, That Changeable Message Signs are exempt from this provision.

(c) The commissioner may adopt an official seal for the use of the department.

(d) The commissioner shall, in instances where division personnel become aware of a possible or suspected violation of law where enforcement jurisdiction would be that of the West Virginia State Police, communicate the violation to the State Police.




NOTE: The purpose of this bill is to exempt Changeable Message Signs from the jurisdiction of the Department of Motor Vehicles.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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