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Bill-Highways 157CSR7
H. B. 4165
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Introduced January 25, 2002; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact section two, article eight, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of highways to promulgate a legislative rule relating
to the transportation of hazardous wastes upon the roads and
highways.
Be it enacted by the Legislature of West Virginia:
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That section two, article eight, 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 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO
PROMULGATE LEGISLATIVE RULES.
§64-8-2. Division of highways.
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(a) The legislative rule filed in the state register on the
twenty-eighth eighteenth day of August July, two thousand one,
under the authority of section seven, article eighteen, chapter
twenty-two of this code, relating to the division of highways
(transportation of hazardous wastes upon the roads and highways,
157 CSR 7), is authorized.
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(b) The legislative rule filed in the state register on the
twenty-third day of August, two thousand, authorized under the
authority of section eight, article two-a, chapter seventeen of
this code, modified by the division of highways to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirtieth day of October, two
thousand, relating to the division of highways (use of state road
rights-of-way and areas adjacent thereto, 157 CSR 6), is
authorized, with the following amendment:
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On page 10, subsection 3.8 after the words "Right of Way" by
adding the words "dated July 1, 1995, and made a part of this
rule".
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(c) The legislative rule filed in the state register on the
eighteenth day of August, two thousand, authorized under the
authority of section four, article twenty-four, chapter seventeen
of this code, modified by the division of highways to meet the objections of the legislative rule-making review committee and
refiled in the state register on the thirtieth day of October, two
thousand, relating to the division of highways (waste tire
remediation/environmental clean-up, 157 CSR 8), is authorized.
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NOTE: The purpose of this bill is to authorize the Division of
Highways to promulgate a legislative rule relating to the
Transportation of Hazardous Wastes upon the Roads and Highways.
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Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.