COMMITTEE SUBSTITUTE
FOR
H. B. 4244
(By Delegates Brown, Miley, Burdiss, Talbott,
and Overington)
(Originating in the Committee on the Judiciary)
[February 20, 2007]
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 Commissioner of Highways to
promulgate a legislative rule relating to the construction and
reconstruction of state roads
;
authorizing the Commissioner
of Highways to promulgate a legislative rule relating to
traffic and safety rules
;
authorizing the Commissioner of
Highways to promulgate a legislative rule relating to the use
of state road rights of way and adjacent areas
;
authorizing
the Commissioner of Highways to promulgate a legislative rule
relating to the transportation of hazardous wastes upon the
roads and highways
;
authorizing the Division of Motor Vehicles
to promulgate a legislative rule relating to the examination
and issuance of driver's licences
; and
authorizing the
Division of Motor Vehicles to promulgate a legislative rule
relating to the disclosure of information from the files of
the Division.
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 Highways.
(a) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eight, article two-a, chapter seventeen,
of this code, modified by the Commissioner of Highways to meet the
objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of December,
two thousand seven, relating to the Commissioner of Highways
(construction and reconstruction of state roads, 157 CSR 3), is
authorized.
(b) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eight, article two-a, chapter seventeen,
of this code, relating to the Commissioner of Highways (traffic and
safety rules, 157 CSR 5), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eight, article two-a, chapter seventeen,
of this code, 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 ten of the legislative rule, paragraph 3.8.d.3, after
the words "W. Va. Code", by striking the citation "§17-4-17b(d)(4)"
and inserting in lieu thereof the following: "§17-4-17b(d)".
(d) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, 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.
§64-8-2. Division of Motor Vehicles.
(a) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand seven, authorized under the
authority of section five, article two, chapter seventeen-b, 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 twentieth day of December, two
thousand seven, relating to the Division of Motor Vehicles
(examination and issuance of driver's licences, 91 CSR 4), is
authorized with the following amendment:
On page three of the legislative rule, paragraph 3.9, after
the words "address of the applicant's", by striking the word
"principle"; and
On page three, paragraph 3.9.a., by striking paragraph 3.9.a.
in its entirety.
(b) The legislative rule filed in the state register on the
first day of November, two thousand seven, authorized under the
authority of section twelve, article two-a, chapter seventeen-b, of
this code, relating to the Division of Motor Vehicles (the
disclosure of information from the files of Division of Motor
Vehicles, 91 CSR 8), is authorized.