H. B. 2194
(By Delegates Gallagher, Douglas, Compton,
Linch, Faircloth and Riggs)
(Introduced January 23, 1995; referred to the
Committee on Government Organization then the Judiciary.)
A BILL to amend and reenact section four, article six, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of public safety to promulgate legislative rules
relating to cadet selection physical qualifications.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-4. Division of public safety.
(a) The legislative rules filed in the state register on the
twenty-third day of September, one thousand nine hundred eighty-three, relating to the department of public safety (general
orders), are authorized with the amendment set forth below:
Page 23, §9.10, remove the period at the end of the sentence
and add the words "or municipalities."
(b) The legislative rules filed in the state register on the
twenty-second day of June, one thousand nine hundred eighty-four,
modified by the department of public safety to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the fifth day of December, one thousand nine
hundred eighty-four, relating to the department of public safety
(commission on drunk driving), are authorized.
(c) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety, modified by
the division of public safety to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of December, one thousand nine
hundred ninety, relating to the division of public safety (West
Virginia state police career progression system), are authorized.
(d) The Legislature hereby authorizes and directs the division
of public safety to promulgate legislative rules relating to the
requirements and qualifications for official inspection stations
and the issuance of permits for the stations. Such legislative
rules, in establishing requirements and qualifications for official inspection stations shall not require bay doors at such stations to
be greater than eight feet in height.
(e) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of public safety to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the nineteenth day of November, one thousand nine
hundred ninety-one, relating to the division of public safety
(contracted police or security services), are authorized.
(f) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of public safety to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the nineteenth day of November, one thousand nine
hundred ninety-one, relating to the division of public safety
(carrying of handguns by retired or medically discharged members),
are authorized.
(g) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred ninety-two,
relating to the division of public safety (modified vehicle
inspections), are authorized with the amendments set forth below:
On page two, paragraph 2.2.3.3, by striking out the words "two
licensed inspector mechanics" and inserting in lieu thereof "one licensed inspector mechanic";
And,
On page two, paragraph 2.2.3.4, by striking out the word
"two-car" and inserting in lieu thereof "one-car".
(h) The legislative rules filed in the state register on the
twentieth day of August, one thousand nine hundred ninety-four,
modified by the division of public safety to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the ninth day of January, one thousand nine
hundred ninety-five, relating to the division of public safety
(cadet selection physical qualification), are authorized.
NOTE: The purpose of this bill is to authorize the Division
of Public Safety to promulgate legislative rules relating to cadet
selection physical qualifications.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.