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Senate Bill 353 History
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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 353
(By
Senators
Minard, Fanning,
Prezioso, Unger, Boley and Minear
)
________
[Originating in the Committee on the Judiciary;
reported March 21, 2005
.]
________
A BILL
to amend and reenact article 8, chapter 64 of the Code of
West Virginia, 1931, 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
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 Division of Highways to promulgate a legislative
rule relating to use of state roads rights-of-way and adjacent
areas; authorizing Division of Highways to promulgate a
legislative rule relating to transportation of hazardous waste
upon roads and highways; authorizing Division of Motor
Vehicles to promulgate a legislative rule relating to
administrative due process; and authorizing Division of Motor
Vehicles to promulgate a legislative rule relating to
examination and issuance of driver's licenses.
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 Highways.
(a)
The legislative rule filed in the state register on the
twelfth day of January, two thousand four, 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
eighteenth day of August, two thousand four, under the authority of
section eight, article two-a, chapter seventeen of this code
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 February, two thousand five,
relating to the Division of Highways (use of state roads rights-of-
way and adjacent areas, 157 CSR 6) is authorized.
(c) The legislative rule filed in the state register on the
sixth day of August, two thousand four, 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
twenty-fourth day of August, two thousand four, under the authority
of section nine, article two, chapter seventeen-a of this code
relating to the Division of Motor Vehicles (administrative due
process, 91 CSR 1) is authorized.
(b)
The legislative rule filed in the state register on the
thirteenth day of August, two thousand four, under the authority of
section nine, article two, chapter seventeen-a 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 amendment:
On page twenty-one, subsection 14.4, line three, after the
words "10,000 pounds", by striking out the word "buy" and by
inserting in lieu thereof the word "but".
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