BILL-Highways, Traffic
Senate Bill No. 184
(By Senators Manchin, Anderson, Grubb and Minard)
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[Introduced January 31, 1994; referred to the
Committee on Transportation; and then to the
Committee on the Judiciary.]
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A BILL to amend and reenact section one, 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 legislative rules
relating to traffic and safety.
Be it enacted by the Legislature of West Virginia:
That section one, 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.
§64-8-1. Division of highways.
(a) The legislative rules filed in the state register on the
twenty-first day of October, one thousand nine hundred eighty-
three, relating to the commissioner of highways (transportation
of hazardous waste by highway transporters), are authorized withthe amendments set forth below:
Pages 3 and 7, after "40 CFR part 262" add the words "as
amended through March 8, 1986,."
Page 7, after "49 CFR parts 171-179" add the words "as
amended through March 8, 1986," and,
Page 11, after "49 CFR part 171.16" add the words "as
amended through March 8, 1986."
(b) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred eighty-four,
relating to the commissioner of highways (construction and
reconstruction of state roads), are authorized with the
amendments set forth below:
Page 16, Sec. 8.08, line 21, (unnumbered), by inserting
after the word "all" the following language: "reasonable and
necessary" and after the word "project" inserting the following
language: "by the Railroad."
Page 16, Sec. 8.08, line 22, (unnumbered), after the word
"the" by striking the words "Railroad's Chief."
Page 19, Sec. 8.08, line 25, (unnumbered), by striking
"Railroad's Chief" and adding the following new language:
"Any approval by the Department of any activity by the
Contractor upon the right-of-way or premises of any Railroad
which is provided for in this Section (8.08) (including, but not
limited to, approval of work, methods, or procedures of work to
be done, and the condition of premises after completion of work
by the Contractor) shall in no way create any liability by the
Department to the Railroad except to the extent providedotherwise by law and the Contractor shall, during all periods of
construction and thereafter, indemnify and save harmless the
department from any and all liability to the Railroad or any
third parties for any damages as a result of the work of the
Contractor, the methods and procedures for performing work, the
failure of the Contractor to properly remove equipment, surplus
material and other debris upon the Railroad premises, or the
condition of the premises of the Railroad during construction or
after completion of construction by the Contractor as approved by
the Department or otherwise."
Page 18, Sec. 8.08, subdivision (a), line 22, (unnumbered),
by striking the words "single limit" and inserting in lieu
thereof the following language: "per occurrence."
Page 19, Sec. 8.08, subdivision (b), line 8, (unnumbered),
by striking the words "single limit" and inserting in lieu
thereof the following language: "per occurrence."
Page 19, Sec. 8.08, subdivision (c), line 18, (unnumbered),
by inserting after the word "occurrence" the following language:
"of"; and after the word "injury" insert a comma and strike the
word "or."
(c) The legislative rules filed in the state register on the
seventh day of September, one thousand nine hundred eighty-four,
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 fifth day of October, one thousand nine
hundred eighty-four, relating to the commissioner of highways
(transportation of hazardous waste), are authorized with theamendment set forth below:
Page 5, amend §3.01 by adding thereto a new subsection,
designated subsection (4), to read as follows: "(4) Before
accepting hazardous waste from a rail transporter, a highway
transporter must sign and date the manifest and provide a copy to
the rail transporter."
(d) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-four,
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 fifth day of October, one thousand nine
hundred eighty-four, relating to the commissioner of highways
(disqualification and suspension of prequalified contractors),
are authorized.
(e) The legislative rules filed in the state register on the
twelfth day of December, one thousand nine hundred eighty-five,
relating to the commissioner of highways (transportation of
hazardous wastes by vehicle upon the roads and highways of this
state), are authorized with the amendments set forth below:
On page 18, the first line of §3.03 shall read as follows:
"3.03. Transporters who only accept Hazardous Waste from."
(f) The legislative rules filed in the state register on the
first day of December, one thousand nine hundred eighty-seven,
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 fourteenth day of January, one thousand
nine hundred eighty-eight, relating to the commissioner ofhighways (traffic and safety rules and regulations), are
authorized with the amendment set forth below:
On page 8, section 7.2, line 9, (unnumbered), by striking
everything after the word "structures."
(g) The legislative rules filed in the state register on the
first day of December, one thousand nine hundred eighty-seven,
relating to the commissioner of highways (construction and
reconstruction of state roads), are authorized.
(h) The legislative rules filed in the state register on the
twenty-fifth day of February, one thousand nine hundred eighty-
seven, 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-third day of
November, one thousand nine hundred eighty-seven, relating to the
commissioner of highways (transportation of hazardous wastes upon
the roads and highways), are authorized.
(i) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
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 seventh day of December, one thousand nine
hundred eighty-nine, relating to the division of highways (use of
state road rights-of-way and areas adjacent thereto), are
authorized with the amendments set forth below:
On Pages 14 and 15, Section 7.5, by deleting the following
language:
"Upon receipt of a permit application an application numbershall be assigned by the Division of Highways. The applicant
shall be notified of the temporary application number and shall
then be required to publish a Class II legal advertisement in the
newspaper(s) serving the area where the proposed outdoor
advertising sign, display or device is proposed to be located.
A copy of the certificate of publication shall be provided to the
Department within ten (10) days of the final publication date.
"As a minimum the advertisement shall include the
application number, the location (including ownership of the
property upon which the sign is to be placed) and shall notify
the public that comments will be received by the Division of
Highways, Highway Services Section, until 10 days after the final
publication. The advertisement shall also state that all
comments must include the specific application number to which
they refer.
"Any person who claims to be affected by the proposed sign
may submit written comments to the Division of Highways, Highway
Services Section, and may request a public hearing within ten
days of the final publication. Within ten working days of the
close of the comment period the Division shall determine whether
to approve, deny, or hold a public hearing for said permit.
"When the Division determines that a public hearing is
required it shall notify the person(s) who requested the hearing
and the permit applicant. The Division shall cause notice to be
published and hold the hearing in accordance with Administrative
Regulations, Commissioner of Highways, Chapter 17-2A, Series I
(1982), Section 3, Hearing Procedures (hereinafter WV Adm. Reg.17-2A).
"The Division Administrator shall assess the Division's
costs of the hearing against the permit applicant or against the
party requesting the hearing if he finds that either the
application for the permit or the request for hearing was filed
in bad faith.
"Any party adversely affected by the final decision of the
Division Administrator may apply for judicial review through
application for a writ of certiorari to the Circuit Court of
Kanawha County in accordance with W. Va. Code §53-3-1 and W. Va.
Code §14-2-2.
"The regulations in the preceding six paragraphs relating to
publication of notice of an application, comments on a pending
application, notice of hearing, hearing on permit, assessment of
costs and judicial review shall not apply to an application for
a permit for an advertising sign, display or device to be located
within the boundaries of an incorporated municipality or of a
county-zoned commercial or industrial area."
(j) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred eighty-nine,
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 seventh day of November, one thousand nine
hundred eighty-nine, relating to the division of highways
(construction and reconstruction of state roads), are authorized.
(k) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,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 seventh day of December, one thousand nine
hundred eighty-nine, relating to the division of highways
(acquisition, disposal, lease and management of real property and
appurtenant structures and relocation assistance), are
authorized.
(l) The legislative rules filed in the state register on the
seventh day of September, one thousand nine hundred ninety,
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 eighteenth day of January, one thousand
nine hundred ninety-one, relating to the division of highways
(traffic and safety rules and regulations), are authorized.
(m) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
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 eighth day of November, one thousand nine
hundred ninety-three, relating to the division of highways
(traffic and safety rules and regulations), are authorized.
NOTE: The purpose of this bill is to authorize the Division
of Highways to promulgate legislative rules relating to traffic
and safety.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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