COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 201

(By Senators Ross, Anderson, Boley,

Buckalew, Grubb and Macnaughtan)


__________

[Originating in the Committee on the Judiciary;

reported February 23, 1996.]

__________



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, 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 and 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 legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; relating to authorizing the division of motor vehicles to promulgate legislative rules relating to the motor vehicle alcohol test and lock program, as modified; and relating to authorizing the division of motor vehicles to promulgate legislative rules relating to motor vehicle dealers, wrecker/dismantler/rebuilders, license services, automobile auctions, vehicle leasing companies and administrative due process, as modified.

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 motor vehicles.

(a) The legislative rules filed in the state register on the thirty-first day of July, one thousand nine hundred ninety-five, 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 nineteenth day of September, one thousand nine hundred ninety-five, relating to the division of motor vehicles (motor vehicle dealers, wreckers/dismantlers/rebuilders, license services, automobile auctions, vehicle leasing companies and administrative due process 91CSR6), are authorized.
(b) The legislative rules filed in the state register on the twenty-first day of July, one thousand nine hundred ninety-five, authorized under the authority of section three-a, article five-a, chapter seventeen-c 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 nineteenth day of September, one thousand nine hundred ninety-five, relating to the division of motor vehicles (motor vehicle alcohol test and lock program, 91CSR9), are authorized.
__________

(NOTE: The purpose of this bill is to authorize the Division of Motor Vehicles to promulgate legislative rules relating to the motor vehicle alcohol test and lock program, and to motor vehicle dealers, wrecker/dismantler/rebuilders, license services, automobile auctions, vehicle leasing companies and administrative due process.)