
COMMITTEE SUBSTITUTE
FOR
H. B. 4258
(By Delegates Hunt, Linch, Compton, Jenkins,
Faircloth and Riggs)
(Originating in the House Committee on the Judiciary)
[February 28, 2000]






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; and to
further amend said article by adding thereto a new
section, designated section two, 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 or 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 certain legislative
rules with various modifications presented to and recommended by the legislative rule-making review
committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the
Legislature; authorizing certain of the agencies to
promulgate certain legislative rules with various
modifications presented to and recommended by the
legislative rule-making review committee and as amended
by the Legislature; authorizing the division of motor
vehicles to promulgate a legislative rule relating to
administrative due process; authorizing the division of
motor vehicles to promulgate a legislative rule relating
to motor vehicle dealers, wrecker/dismantler/rebuilders
and license services, automobile auctions, vehicle
leasing companies, daily passenger rental car businesses
and administrative due process;
authorizing the division
of highways to promulgate a legislative rule relating to
the construction and reconstruction of state roads
;
authorizing the division of highways to promulgate a
legislative rule relating to traffic and safety
; and
authorizing the division of highways to promulgate a
legislative rule relating to the transportation of
hazardous wastes upon the roads and highways
.
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; and that
said article be further amended by adding thereto a new
section, designated section two, all 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 rule filed in the state register on
the fifth day of August, one thousand nine hundred
ninety-nine, 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-third day of September, one
thousand nine hundred ninety-nine, relating to the division of
motor vehicles (administrative due process, 91 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on
the fifth day of August, one thousand nine hundred
ninety-nine, 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-third day of September, one
thousand nine hundred ninety-nine, relating to the division of
motor vehicles
(motor vehicle dealers,
wrecker/dismantler/rebuilders and license services, automobile
auctions, vehicle leasing companies, daily passenger rental
car businesses and administrative due process
, 91 CSR 6), is
authorized.
§64-8-2. Division of highways.
(a) The legislative rule filed in the state register on
the sixteenth day of November, one thousand nine hundred
ninety-eight, under the authority of section eight, article
two-a, chapter seventeen, of this code, modified by the
division of highways to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the twenty-ninth day of July, one thousand nine hundred
ninety-nine, relating to the division of highways
(construction and reconstruction of state roads
, 157 CSR 3),
is authorized.
(b) The legislative rule filed in the state register on
the twenty-third day of September, one thousand nine hundred
ninety-eight, under the authority of section eight, article
two-a, chapter seventeen, of this code, modified by the division of highways to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the thirty-first day of August, one thousand nine hundred
ninety-nine, relating to the division of highways (traffic and
safety
, 157 CSR 5), is authorized.
(c) The legislative rule filed in the state register on
the sixth day of October, one thousand nine hundred
ninety-eight, under the authority of section seven, article
eighteen, chapter twenty-two, of this code, modified by the
division of highways to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the twenty-ninth day of July, one thousand nine hundred
ninety-nine, relating to the division of highways
(transportation of hazardous wastes upon the roads and
highways
, 157 CSR 7), is authorized.