Committee Substitute
House Bill 2218 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2218
(By Delegates Brown, D. Poling, Talbott,
Miley, Overington and Sobonya
)
(Originating in the Committee on the Judiciary)
[March 24, 2009]
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 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 "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)".
(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 31, subdivision 9.5.h and on page 32, subdivisions
9.5.i and 9.5.j, by striking each subdivision in its entirety and
inserting in lieu thereof new subdivisions 9.5.h, 9.5.i and 9.5.i
to read as follows:
"9.5.h If an application for a roadside memorial sign is
granted, the Commissioner shall inform the applicant in writing and
shall notify the applicant in writing when the sign has been
installed.
9.5.i The Division will repair or replace the sign twice
during a six year period, if damaged or destroyed. After six years,
the Division shall remove the sign and return it to the applicant.
9.5.j If, at any time during the application and fabrication
process another family member objects to the sign, the process
shall be halted. If the sign has been installed, the Division shall
remove it and furnish it to the applicant.".