Senate Bill No. 202
(By Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan)
__________
[Introduced January 29, 1996; referred to the
Committee on Transportation; and then to
the Committee on the Judiciary.]
__________
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 motor vehicle dealers,
wrecker/dismantler/rebuilders, license services,
automobile auctions, vehicle leasing companies and
administrative due process.
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.
§64-8-2. 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)(a) The legislative rules filed in the state
register on the fifteenth day of December, one thousand
nine hundred eighty-three, authorized under the authority
of section three, article five-a, chapter seventeen-c, of
this code, relating to the department of motor vehicles
(safety and treatment program, 91 CSR 15), 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)(b) The legislative rules filed in the state
register on the twentieth day of November, one thousand
nine hundred eighty-four, authorized under the authority
of section nine, article two, chapter seventeen-a, of
this code, relating to the commissioner of motor vehicles
(motor vehicle titling a vehicle, 91 CSR 3), are
authorized.
(f)(c) The legislative rules filed in the state
register on the tenth day of September, one thousand nine
hundred eighty-four, authorized under the authority of
section eight, article two-a, chapter seventeen-d, of
this code, 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, 91 CSR
13), are authorized.
(g)(d) The legislative rules filed in the state
register on the fifth day of August, one thousand nine
hundred eighty-five, authorized under the authority of
section nine, article two, chapter seventeen-a, of this
code, 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, 91 CSR 16), are
authorized.
(h)(e) The legislative rules filed in the state
register on the fifth day of August, one thousand nine
hundred eighty-five, authorized under the authority of
section four, article sixteen, chapter seventeen-c, of
this code, relating to the commissioner of motor vehicles
(the administration and enforcement of motor vehicle
inspections motor vehicle inspection manual, 91 CSR 12),
are authorized.
(i)(f) The legislative rules filed in the state
register on the twenty-fifth day of July, one thousand
nine hundred eighty-six, authorized under the authority
of section nine, article two, chapter seventeen-a, of
this code, 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, 91 CSR 20), are authorized.
(j)(g) The legislative rules filed in the state
register on the twenty-fifth day of July, one thousand
nine hundred eighty-six, authorized under the authority
of section nine, article two, chapter seventeen-a, of
this code, 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 (federal safety standards inspection program, 91
CSR 21), 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)(h) The legislative rules filed in the state
register on the thirteenth day of August, one thousand nine hundred ninety-one, 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-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, 91 CSR 5), 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)(i) The legislative rules filed in the state
register on the fifteenth thirty-first day of September
July, one thousand nine hundred ninety-two 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 seventeenth nineteenth day of November September, one thousand nine hundred ninety-two
ninety-five, relating to the division of motor vehicles
(motor vehicle dealers, wreckers/ dismantlers/
rebuilders, and license services, automobile auctions,
vehicle leasing companies and administrative due process,
91 CSR 6), are authorized.
(o)(j) The legislative rules filed in the state
register on the twenty-third day of June, one thousand
nine hundred ninety-three, 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
tenth day of August, one thousand nine hundred
ninety-three, relating to the division of motor vehicles
(motor vehicle alcohol test and lock program, 91 CSR 9),
are authorized.
NOTE: The purpose of this bill is to authorize 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.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.