Committee Substitute
House Bill 2648 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2648
(By Delegates Mahan, Cann
Kominar and Faircloth)
(Originating in the Committee on the Judiciary)
[February 24, 2003]
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, 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 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 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 division of highways to
promulgate a legislative rule relating to traffic and safety
;
authorizing the division 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 licenses
;
authorizing
the division of motor vehicles to promulgate a legislative
rule relating to the motor vehicle test and lock program
;
authorizing the division of motor vehicles to promulgate a
legislative rule relating to the motor vehicle inspection
manual
;
authorizing the division of motor vehicles to
promulgate a legislative rule relating to the denial,
suspension, revocation or nonrenewal of driving privileges
;
and authorizing the division of motor vehicles to promulgate
a legislative rule relating to motor vehicle dealers,
wrecker/dismantler/rebuilders and license services, automobile
auctions, vehicle leasing companies, daily passenger rental
car businesses and administrative due process.
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 highways.
(a)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand two, authorized under the
authority of section eight, article two-a, chapter seventeen, of
this code, relating to the division of highways (traffic and
safety, 157 CSR 5), is authorized.
(b)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand two, 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.
§64-8-2. Division of motor vehicles.
(a)
The legislative rule filed in the state register on the
thirtieth day of December, two thousand two, authorized under the
authority of section fifteen, article two, chapter seventeen-b, of
this code, relating to the division of motor vehicles (examination
and issuance of driver's licenses, 91 CSR 4), is authorized with
the following amendments:
"On page eight, section six, subsection 6.1, line 1, following
the word 'license' by inserting 'or identification card';
On page eight, section six, subsection 6.1, following the word
'licensee's' by inserting 'or identification card holder's';
On page eight, section six, subsection 6.1, line 7, following
the word 'license' by inserting 'or identification card';
On page eight, section six, subdivision 6.1.c, following the
word 'license' by inserting 'or identification card';
On page nine, section seven, subsection 7.1, following the
word 'license' by inserting 'or identification card';
On page nine, section seven, subsection 7.1, following the
word 'applicant' by inserting 'and the length of the applicant's
authorized legal presence in the United States';
On page ten, section seven, subsection 7.9, following the word
'licensee' by inserting 'or identification card holder';
On page ten, section seven, subsection 7.9, following the word
'license' by inserting 'or identification card';
On page twelve, section nine, subsection 9.2, following the
word 'license' by inserting 'or identification card';
On page twelve, section nine, subdivision 9.2.a, line one,
following the word 'licensee' by inserting 'or identification card
holder';
On page twelve, section nine, subdivision 9.2.a, line two,
following the word 'licensee' by inserting 'or identification card
holder';
On page twelve, section nine, subdivision 9.2.b, following the
word 'licensee' by inserting 'or identification card holder';
On page thirteen, section nine, subsection 9.7, following the word 'license' by inserting 'or identification card';
On page thirteen, section nine, subsection 9.8, line one,
following the word 'license' by inserting 'or identification card';
On page thirteen, section nine, subsection 9.8, line two,
following the word 'license' by inserting 'or identification card';
On page thirteen, section ten, subsection 10.1, line one,
following the word 'license' by inserting 'or identification card';
On page thirteen, section ten, subsection 10.1, line two,
following the word 'license' by inserting 'or identification card';
On page thirteen, section ten, subsection 10.1, line three,
following the word 'license' by inserting 'or issue an
identification card to';
On page fourteen, section ten, subsection 10.3, line 1,
following the word 'license' by inserting 'or issue identification
cards to';
On page fourteen, section ten, subsection 10.3, following the
word 'licensed' by inserting 'or issued identification cards';
And,
On page fourteen, section ten, subsection 10.3, following the
word 'license' by inserting 'or identification card'."
(b)
The legislative rule filed in the state register on the
ninth day of October, two thousand two, authorized under the
authority of section three-a, article five-a, chapter seventeen-c,
of this code, relating to the division of motor vehicles (motor vehicle test and lock program, 91 CSR 9), is authorized.
(c)
The legislative rule filed in the state register on the
eighteenth day of December, two thousand two, authorized under the
authority of section four, article sixteen, chapter seventeen-c of
this code, relating to the division of motor vehicles (motor
vehicle inspection manual, 91 CSR 12), is authorized with the
following amendment:
"On page one, section two, subsection 2.1, line 3, by
striking the words 'July 1, 2003' and inserting in lieu thereof the
phrase 'January 1, 2002.'"
(d)
The legislative rule filed in the state register on the
eighteenth day of July, two thousand two, 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 twenty-third day of September,
two thousand two, relating to the division of motor vehicles
(denial, suspension, revocation or nonrenewal of driving
privileges, 91 CSR 5), is authorized.
(e)
The legislative rule filed in the state register on the
third day of July, two thousand two, 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 twenty-third day of September, two thousand
two, relating to the division of motor vehicles (motor vehicle
dealers, wrecker/dismantler/rebuilders and license services,
automobile auctions, vehicle leasing companies, daily passenger
rental car businesses and administrative due process, 91 CSR 6), is
authorized.
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