
COMMITTEE SUBSTITUTE
FOR
H. B. 2685
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
(Originating in the Committee on the Judiciary)









[April 3, 2001]
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, 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 aeronautics commission to
promulgate a legislative rule relating to matters pertaining
to aeronautics in the state of West Virginia
;
authorizing the
division of highways to promulgate a legislative rule relating
to the transportation of hazardous wastes upon the roads and
highways
;
authorizing the division of highways to promulgate
a legislative rule relating to the use of state road rights of
way and areas adjacent thereto
;
authorizing the division of
highways to promulgate a legislative rule relating to waste
tire remediation/environmental clean-up;
authorizing the
division of motor vehicles to promulgate a legislative rule
relating to the examination and issuance of driver's licenses
;
authorizing the division of motor vehicles legislative rule
relating to the denial, suspension, revocation or nonrenewal
of driving privileges;
and
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
.
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.
Aeronautics Commission.
The legislative rule filed in the state register on the first
day of September, two thousand, authorized under the authority of
section three, article two-a, chapter twenty-nine, of this code,
relating to the aeronautics commission (matters pertaining to
aeronautics in the state of West Virginia, 171 CSR 1), is
authorized.
§64-8-2.
Division of Highways.
(a) The legislative rule filed in the state register on the
twenty-eighth day of August, two thousand, under the authority of
section seven, article eighteen, chapter twenty-two of this code,
relating to the division of highways (transportation of hazardous
wastes upon the roads and highways, 157 CSR 7), is authorized
(b)
The legislative rule filed in the state register on the twenty-third day of August, two thousand, authorized 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 thirtieth day of October, two
thousand, relating to the division of highways (use of state road
rights of way and areas adjacent thereto, 157 CSR 6), is
authorized.
(c) The legislative rule filed in the state register on the
eighteenth day of August, two thousand, authorized under the
authority of section four, article twenty-four, 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 thirtieth day of October, two
thousand, relating to the division of highways (waste tire
remediation/environmental clean-up, 157 CSR 8), is authorized.
§64-8-3.
Division of motor vehicles.
(a) The legislative rule filed in the state register on the
twenty-first day of August, two thousand, 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-first day of September,
two thousand, relating to the division of motor vehicles
(examination and issuance of driver's licenses, 91 CSR 4), is
authorized.
(b)
The legislative rule filed in the state register on the
thirtieth day of August, two thousand, 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 November, two
thousand, relating to the division of motor vehicles (denial,
suspension, revocation or nonrenewal of driving privileges, 91 CSR
5), is authorized.
(c) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand, 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 eighteenth day of September,
two thousand, 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.