COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 201
(By Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan)
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[Originating in the Committee on the Judiciary;
reported February 23, 1996.]
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A BILL to amend and reenact article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
and administrative agencies of the state; 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 legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative
rule-making review committee; relating to authorizing the
division of motor vehicles to promulgate legislative rules
relating to the motor vehicle alcohol test and lock program,
as modified; and relating to authorizing the division of motor
vehicles to promulgate legislative rules relating to motor
vehicle dealers, wrecker/dismantler/rebuilders, license
services, automobile auctions, vehicle leasing companies and
administrative due process, as modified.
Be it enacted by the Legislature of West Virginia:
That 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 motor vehicles.
(a) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
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
nineteenth day of September, one thousand nine hundred ninety-five,
relating to the division of motor vehicles (motor vehicle dealers,
wreckers/dismantlers/rebuilders, license services, automobile
auctions, vehicle leasing companies and administrative due process
91CSR6), are authorized.
(b) The legislative rules filed in the state register on the
twenty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section three-a, article five-a,
chapter seventeen-c 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
nineteenth day of September, one thousand nine hundred ninety-five,
relating to the division of motor vehicles (motor vehicle alcohol
test and lock program, 91CSR9), are authorized.
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(NOTE: The purpose of this bill is to authorize the Division
of Motor Vehicles to promulgate legislative rules relating to the
motor vehicle alcohol test and lock program, and to motor vehicle
dealers, wrecker/dismantler/rebuilders, license services,
automobile auctions, vehicle leasing companies and administrative
due process.)