Committee Substitute
House Bill 2648 History
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Key: Green = existing Code. Red = new code to be enacted
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COMMITTEE SUBSTITUTE
FOR
H. B. 2648
(By Delegates Mahan, Cann
Kominar and Faircloth)
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(Originating in the ![](tabb36.gif)
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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:
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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.
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(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.
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(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.
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(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:
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"On page eight, section six, subsection 6.1, line 1, following
the word 'license' by inserting 'or identification card';
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On page eight, section six, subsection 6.1, following the word
'licensee's' by inserting 'or identification card holder's';
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On page eight, section six, subsection 6.1, line 7, following
the word 'license' by inserting 'or identification card';
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On page eight, section six, subdivision 6.1.c, following the
word 'license' by inserting 'or identification card';
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On page nine, section seven, subsection 7.1, following the
word 'license' by inserting 'or identification card';
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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';
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On page ten, section seven, subsection 7.9, following the word
'licensee' by inserting 'or identification card holder';
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On page ten, section seven, subsection 7.9, following the word
'license' by inserting 'or identification card';
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On page twelve, section nine, subsection 9.2, following the
word 'license' by inserting 'or identification card';
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On page twelve, section nine, subdivision 9.2.a, line one,
following the word 'licensee' by inserting 'or identification card
holder';
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On page twelve, section nine, subdivision 9.2.a, line two,
following the word 'licensee' by inserting 'or identification card
holder';![](tabb36.gif)
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On page twelve, section nine, subdivision 9.2.b, following the
word 'licensee' by inserting 'or identification card holder';
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On page thirteen, section nine, subsection 9.7, following the word 'license' by inserting 'or identification card';
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On page thirteen, section nine, subsection 9.8, line one,
following the word 'license' by inserting 'or identification card';
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On page thirteen, section nine, subsection 9.8, line two,
following the word 'license' by inserting 'or identification card';
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On page thirteen, section ten, subsection 10.1, line one,
following the word 'license' by inserting 'or identification card';
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On page thirteen, section ten, subsection 10.1, line two,
following the word 'license' by inserting 'or identification card';
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On page thirteen, section ten, subsection 10.1, line three,
following the word 'license' by inserting 'or issue an
identification card to';
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On page fourteen, section ten, subsection 10.3, line 1,
following the word 'license' by inserting 'or issue identification
cards to';
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On page fourteen, section ten, subsection 10.3, following the
word 'licensed' by inserting 'or issued identification cards';
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And,
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On page fourteen, section ten, subsection 10.3, following the
word 'license' by inserting 'or identification card'."
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(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.
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(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:
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"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.'"
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(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.
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(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.