teBILL-Motor Vehicles, Alcohol
Senate Bill No. 198
(By Senators Manchin, Anderson, Grubb and Minard)
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[Introduced January 31, 1994; referred to the
Committee on Finance and then to the
Committee on the Judiciary.]
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A BILL to amend and reenact section two, article eight, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of motor vehicles to promulgate legislative rules
relating to the motor vehicle alcohol test and lock program.
Be it enacted by the Legislature of West Virginia:
That section two, 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.
ยง64-8-2. Division of motor vehicles.
(a) The legislative rules filed in the state register on the
second day of December, one thousand nine hundred eighty-two,
relating to the commissioner of motor vehicles (denial of driving
privileges), are authorized with the amendments set forth below:
By inserting the words "licensed in the United States" after
the phrase "physician of the applicant's choice," on page five,line two, and page seven, line one; and by striking out the words
"licensed vision specialist" and inserting in lieu thereof the
words "an optometrist or ophthalmologist licensed in the United
States," on page five, line three, and on page seven, line two.
(b) The legislative rules filed in the state register on the
ninth day of November, one thousand nine hundred eighty-three,
relating to the commissioner of motor vehicles (driving under the
influence, driver's license revocation administrative hearings),
are authorized.
(c) The legislative rules filed in the state register on the
fifteenth day of December, one thousand nine hundred eighty-
three, relating to the department of motor vehicles (safety and
treatment program), are authorized.
(d) The legislative rules filed in the state register on the
sixteenth day of June, one thousand nine hundred eighty-three,
relating to the commissioner of motor vehicles (compulsory
insurance), are authorized.
(e) The legislative rules filed in the state register on the
twentieth day of November, one thousand nine hundred eighty-four,
relating to the commissioner of motor vehicles (titling a
vehicle), are authorized.
(f) The legislative rules filed in the state register on the
tenth day of September, one thousand nine hundred eighty-four,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifth day of October, one
thousand nine hundred eighty-four, relating to the commissioner
of motor vehicles (compulsory motor vehicle liability insurance),are authorized.
(g) The legislative rules filed in the state register on the
fifth day of August, one thousand nine hundred eighty-five,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourth day of October, one
thousand nine hundred eighty-five, relating to the commissioner
of motor vehicles (eligibility for reinstatement following
suspension or revocation of driving privileges), are authorized.
(h) The legislative rules filed in the state register on the
fifth day of August, one thousand nine hundred eighty-five,
relating to the commissioner of motor vehicles (the
administration and enforcement of motor vehicle inspections), are
authorized.
(i) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred eighty-six,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of October, one
thousand nine hundred eighty-six, relating to the commissioner of
motor vehicles (seizure of a driver's license and issuance of a
temporary driver's license), are authorized.
(j) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred eighty-six,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of October, one
thousand nine hundred eighty-six, relating to the commissioner ofmotor vehicles (federal safety standards inspection program), are
authorized.
(k) The legislative rules filed in the state register on the
seventeenth day of August, one thousand nine hundred eighty-
seven, modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of
September, one thousand nine hundred eighty-seven, relating to
the commissioner of motor vehicles (denial, suspension,
revocation or nonrenewal of driving privileges), are authorized
with the amendments set forth below:
On page 7, section 7.2 after the words "75 m.p.h.", add the
words "except on highways where the established speed limit is 65
m.p.h., and conviction was in excess of 80 m.p.h.,"
And,
On page 14, section 8.1 by inserting the words "not to
exceed fifteen hours" after the word "course" and in section 8.2
by inserting the words "not to exceed fifteen hours" after the
word "course".
(l) The legislative rules filed in the state register on the
twenty-second day of November, one thousand nine hundred eighty-
eight, modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of January,
one thousand nine hundred eighty-nine, relating to the
commissioner of motor vehicles (denial, suspension, revocation or
nonrenewal of driving privileges), are authorized.
(m) The legislative rules filed in the state register on thethirteenth day of August, one thousand nine hundred ninety-one,
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-sixth day of September, one
thousand nine hundred ninety-one, relating to the division of
motor vehicles (denial, suspension, revocation or nonrenewal of
driving privileges), are authorized with the amendment set forth
below:
"On page nine, after the words "Following too closely", by
striking out the number "3" and inserting in lieu thereof the
number "2".
(n) The legislative rules filed in the state register on the
fifteenth day of September, one thousand nine hundred ninety-two,
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 seventeenth day of November, one
thousand nine hundred ninety-two, relating to the division of
motor vehicles (motor vehicle dealers, wreckers/ dismantlers/
rebuilders and license services), are authorized.
(o) The legislative rules filed in the state register on the
twenty-third day of June, one thousand nine hundred ninety-three,
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 tenth day of August, one thousand nine
hundred ninety-three, relating to the division of motor vehicles
(motor vehicle alcohol test and lock program), are authorized.
NOTE: The purpose of this bill is to authorize the Divisionof Motor Vehicles to promulgate legislative rules relating to the
motor vehicle alcohol test and lock program.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.