ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 317

(By Senators Ross, Anderson, Bowman, Macnaughtan,

Boley and Buckalew)

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[Originating in the Committee on the Judiciary;

reported February 24, 1998.]

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A BILL to amend and reenact section one, article eight, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, 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; authorizing the division of motor vehicles to promulgate a legislative rule relating to the denial, suspension, revocation or nonrenewal of driving privileges.

Be it enacted by the Legislature of West Virginia:
That section one, 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.
The legislative rule filed in the state register on the twenty-fifth day of July, one thousand nine hundred ninety-seven, 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 second day of December, one thousand nine hundred ninety-seven, relating to the division of motor vehicles (denial, suspension, revocation or nonrenewal of driving privileges, 91 CSR 5), is authorized.