Enrolled Committee Substitute
House Bill 2218 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2218
(By Delegates Brown, D. Poling, Talbott,
Miley, Overington and Sobonya
)
[Passed April 11, 2009; in effect from passage.]
AN ACT 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 Motor Vehicles to
promulgate a legislative rule relating to collection on the
tax on the sale of a vehicle; authorizing the Division of
Motor Vehicles to promulgate a legislative rule relating to
the denial, suspension, revocation, restriction or nonrenewal
of driving privileges; authorizing the Commissioner of
Highways to promulgate a legislative rule relating to the
transportation of hazardous wastes upon the roads and
highways; and authorizing the Commissioner of Highways to
promulgate a legislative rule relating to the use of state
road rights of way and adjacent areas.
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 Motor Vehicles.
(a) The legislative rule filed in the state register on the
eleventh day of August, two thousand eight, authorized under the
authority of section three-c, article fifteen, chapter eleven, 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 twenty-first day of October,
two thousand eight, relating to the Division of Motor Vehicles
(collection on the tax on the sale of a vehicle, 91 CSR 9), is
authorized, with the amendment set forth below:
On page 2, subsection 3.2a, beginning on line five, following
the words "in accordance with", by striking out the words "W. Va.
Code §17A-3-4(b)(12)" and by inserting in lieu thereof the
following words "W. Va. Code §17A-3-4(b)(14)";
And,
On page 2, subsection 3.2a.2, on line twelve, following the
words §17A-3-4(b)(12)" and by inserting in lieu thereof the
following words "W. Va. Code §17A-3-4(b)(14)".
(b) The legislative rule filed in the state register on the
twenty-eighth day of August, two thousand eight, authorized under
the authority of section nine, article two, 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 twenty-second day of January,
two thousand nine, relating to the Division of Motor Vehicles
(denial, suspension, revocation, restriction or nonrenewal of
driving privileges, 91 CSR 5), is authorized, with the following
amendment:
On page 5, paragraph 3.4.b., line two, by striking out the
words "both eyes" and inserting in lieu thereof the words "one
eye".
§64-8-2. Commissioner of Highways.
(a) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand eight, authorized under
the authority of section seven, article eighteen, chapter twenty-
two, of this code, relating to the Commissioner 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-ninth day of August, two thousand eight, authorized under
the authority of section one, article twenty, chapter seventeen, of
this code, modified by the Commissioner of Highways and refiled in
the state register on the nineteenth day of February two thousand
nine, relating to the Commissioner of Highways (use of state road
rights of way and adjacent areas, 157 CSR 6), is authorized, with
the following amendment:
On page two, following "2.25" by striking out the words "off
premise";
On page two, following subsection 2.25, by inserting the
following:
2.25.a. An off-premise CMS may not include moving video or
scrolling messages. Off-premise CMS must comply with all
requirements for off-premise signs generally.
2.25.b. An on-premise CMS may scroll or change message
content, but may not contain flashing images. On-Premise CMS must
comply with all requirements for on-premise signs generally.
2.25.c. No CMS sign, display or device, whether on-premise or
off premise, may be illuminated by any rapid flashing intermittent
light or lights.;
On page fourteen, paragraph 7.4.c.1. following the word
"Division." by inserting the following:
With the prior written approval of the Commissioner of Highways, a county commission may enact and enforce outdoor
advertising ordinances which place limitations or restrictions on
outdoor advertising signs, displays or devices which are in
addition to or more restrictive than the limitations or
restrictions provided by the Commissioner of Highways.;
On page eighteen, paragraph 7.8.d.2., following the word "No"
by inserting the words "off-premise";
On page eighteen, paragraph 7.8.d.4., following the word "No"
by inserting the words "off-premise";
On page eighteen, following "7.8.e.1.", by inserting the words
"Off-premise";
On page eighteen, paragraph 7.8.e.1., following the word "No"
by inserting the words "off-premise";
On page eighteen, following "7.8.e.2.", by inserting the words
"Off-premise";
On page eighteen
, following "7.8.e.3.", by inserting the words
"Off-premise";
On page eighteen
, paragraph 7.8.e.3., following the word
"another" by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.4., following the words "may
be modified to" by striking out the word "a" and inserting in lieu
thereof the words "an off-premise";
On page nineteen, paragraph 7.8.e.4., following the word
"with" by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.4., following the words "may
not be modified to" by striking out the word "a", and inserting in lieu thereof the words "an off-premise";
On page nineteen, following "7.8.e.7.", by inserting the words
"Off-premise";
On page nineteen, following "7.8.e.8.", by inserting the words
"Off-premise";
On page nineteen, paragraph 7.8.e.8., following the word
"way." by inserting the words "Off-premise";
On page nineteen, paragraph 7.8.e.9., following the word "on"
by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.10., following the words
"revised to" by striking out the word "a" and inserting the words
"an off-premise";
On page nineteen, paragraph 7.8.e.10., following the words
"become" by striking out the word "a"
and inserting the words "an
off-premise";
On page nineteen, paragraph 7.8.e.10., following the word "No"
by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.11., following the word "No"
by inserting the words "off-premise";
On page twenty, paragraph 7.9.d.8., by striking out the word
"chapter" and inserting in lieu thereof the word "rule";
On page twenty, by striking out paragraph 7.9.d.9. in its
entirety;
On pages twenty and twenty-one, by striking out subparagraph
7.9.d.9.A. in its entirety;
On page twenty-five, subparagraph 7.15.d.4.D, following the word "any" by inserting the word "rapid";
On page twenty-five, subparagraph 7.15.d.4.D, following the
word "flashing" by striking out the words "intermittent or moving";
On page twenty-five, by striking out subparagraph 7.15.d.4.E.
in its entirety and relettering the remaining subparagraphs;
On pages thirty-one and thirty-two, by striking out
subdivision 9.5.h. in its entirety and inserting in lieu thereof a
new subdivision, designated 9.5.h., to read as follows:
9.5.h. If an application for a roadside memorial sign is
granted, the Commissioner shall so inform the applicant in writing.
Upon the receipt of a non-refundable payment of two hundred dollars
($200), the Division shall procure and install the sign and shall
notify the applicant in writing when the sign has been installed.;
On page thirty-two, by striking out subdivision 9.5.i. in its
entirety and inserting in lieu thereof a new subdivision,
designated 9.5.i., to read as follows:
9.5.i. The initial payment of two hundred dollars ($200)
shall compensate the Division for its review of the application,
the installation of the roadside memorial sign and its maintenance
for a period of three years from the date of installation. The
applicant may make a second, optional payment of two hundred
dollars ($200) to extend the display and maintenance of the sign
for one additional three-year period The Division will repair or
replace the sign at its election, once during each three year
period if damaged or destroyed. At the end of the initial or
renewal period, whichever come later, the sign will be removed and offered to the applicant(s).;
And,
On page thirty-two, by striking out subdivision 9.5.j. in its
entirety and inserting in lieu thereof a new subdivision,
designated 9.5.j., to read as follows:
9.5.j. If at any time during the application and fabrication
process another member of the victim's immediate family objects to
the sign, the process shall be halted and the application, the two
hundred dollar ($200) fee, and the related documentation shall be
returned to the applicant. If the sign has been installed, the
Division shall remove it and furnish it to the applicant, and
the Division shall retain the two hundred dollar ($200) fee.