Senate Bill No. 124
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
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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
the division of public safety's grievance
procedure.
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 twenty-sixth day of July, 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 twenty-third day of August, one thousand
nine hundred ninety-four, relating to the division of
public safety (division of public safety grievance
procedure), are authorized.
NOTE: The purpose of this bill is to authorize the
Division of Public Safety to promulgate legislative rules
relating to the Division of Public Safety's grievance
procedure.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.