House Bill 2875 History
H. B. 2875
(By Delegates D. Poling, Ellem, Williams and Michael)
[Introduced February 27, 2009; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §17A-2-9 of the Code of West Virginia,
1931, as amended, relating to exempting Changeable Message
Signs from the rulemaking authority of the Department of Motor
Be it enacted by the Legislature of West Virginia:
That §17A-2-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-9. Same -- Powers and duties; rules; seal.
(a) The commissioner shall observe, administer and enforce the
provisions of this chapter and all laws the enforcement of which is
now or hereafter vested in the department: Provided, That nothing
in this chapter shall deprive the Public Service Commission of West
Virginia of any of the duties or powers now vested in it with
regard to the regulation of motor vehicle carriers.
(b) The commissioner may adopt and enforce any rules that are
necessary to carry out the provisions of this chapter and any other
laws the enforcement and administration of which are vested in the
department: Provided, That Changeable Message Signs are exempt
from this provision.
(c) The commissioner may adopt an official seal for the use of
(d) The commissioner shall, in instances where division
personnel become aware of a possible or suspected violation of law
where enforcement jurisdiction would be that of the West Virginia
State Police, communicate the violation to the State Police.
NOTE: The purpose of this bill is to exempt Changeable Message
Signs from the jurisdiction of the Department of Motor Vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would