ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 291
(Senators Minard, Snyder
, Prezioso,
Unger, Boley and K. Facemyer, original sponsors)
__________
[Passed March 13, 2010; in effect from passage.]
__________
AN ACT
to amend and reenact article 8, chapter 64 of the Code of
West Virginia, 1931, as amended,
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 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 certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
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 Division of Motor Vehicles to promulgate a
legislative rule relating to the collection of tax on the sale
of a motor vehicle; authorizing the Commissioner of Highways
to promulgate a legislative rule relating to the use of state
road rights-of-way and adjacent areas; and authorizing the
Commissioner 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:
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 DEPARTMENT OF TRANSPORTATION TO
PROMULGATE LEGISLATIVE RULES.
§64-8-1. Division of Motor Vehicles.
(a) The legislative rule filed in the State Register on
October 29, 2009, 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 November 23, 2009, relating to the Division of Motor
Vehicles (Denial, Suspension, Revocation, Restriction or Nonrenewal of Driving Privileges, 91 CSR 5), is authorized,
with the following
amendments:
On page four, paragraph 3.3.c.1, line one, by striking the
words "does not present a danger to the public safety or welfare"
and inserting in lieu thereof the words "is competent to operate a
motor vehicle";
On page four paragraph 3.3.c.2., line one, by striking the
words "does not present a danger to the public safety or welfare"
and inserting in lieu thereof the words "is competent to operate a
motor vehicle";
On page four paragraph 3.3.c.3., line one, by striking the
word "licensee" and inserting in lieu thereof the word
"licensee's";
On page four paragraph 3.3.c.3., line one, by striking the
words "present a danger to the public safety or welfare and his or
her";
On page eight, subdivision 3.6.a, line four, after the number
"3.2" by inserting a comma and striking the word "or";
On page eight, subdivision 3.6.a, line four, after the number
"3.3" by inserting the following, "and 3.6";
On page twenty-two, subdivision 9.2.e., line one, after the
word "court or", by striking the word "an" and inserting in lieu
thereof the words "a designated"; and
On page twenty-two, subdivision 9.2.e., line three, by
striking the words "presents a danger to public safety or
welfare"and inserting in lieu thereof the words "is competent to
operate a motor vehicle".
(b) The legislative rule filed in the State Register on
October 29, 2009, authorized under the authority of section three-
c, article fifteen, chapter eleven of this code, relating to the
Division of Motor Vehicles (Collection of Tax on the Sale of a
Motor vehicle, 91 CSR 9), is authorized.
§64-8-2. Commissioner of Highways.
(a) The legislative rule filed in the State Register on August
4, 2009, authorized under the authority of section one, article
twenty, 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
December 16, 2009, relating to the Commissioner of Highways (Use of
State Road Rights of Way and Adjacent Areas, 157 CSR 6), is
authorized.
(b) The legislative rule filed in the State Register on July
30, 2009, authorized under the authority of section seven, article
eighteen, chapter twenty-two 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 December 16, 2009, relating to the Commissioner of Highways
(Transportation of Hazardous Wastes upon the Roads and Highways,
157 CSR 7), is authorized.
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