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Committee Substitute House Bill 2218 History

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Key: Green = existing Code. Red = new code to be enacted
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.".
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