Senate Bill No. 346

(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear)

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[Introduced March 2, 2001; referred to the

Committee on Transportation; then to the Committee on Finance; and then to the Committee on the Judiciary.]

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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 highways to promulgate a legislative rule relating to the use of state road rights of way and areas adjacent thereto.

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 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 with the following amendment:

On page one hundred two, at the end of paragraph 11.6.e.4 by adding thereto a new subdivision 11.6.f to
read as follows:
11.6.f. Substitution of Surety Bond for Retainages

The contractor may at any time withdraw the amounts retained by the Division in accordance with subdivision 11.6.b and substitute therefore a surety bond, in a form acceptable to the Commissioner, in the amount of two percent of the contract bid amount plus all change order amounts approved as of the time of tender of the surety bond. This surety bond shall be in addition to, or an increase of, the performance bond required in subsection 11.5.5. of this rule. The surety bond shall be conditioned upon the payment by the contractor of all applicable taxes imposed by West Virginia Code §11- 13-1 et seq.; §11-21-1 et seq. and §11-24-1 et seq. as amended, and any applicable county and municipal business and occupation taxes. This surety bond will not be released, nor will final payment be made on the contract, until the Division receives from the Commissioner of Tax and Revenue, and the county commission or municipality, where applicable, a certificate declaring that all taxes levied or accrued
have been paid or provided for.
(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.
(d) 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.


NOTE: The purpose of this bill is to authorize the Division of Highways to promulgate a legislative rule relating to the Use of State Road Rights of Way and Areas Adjacent Thereto.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.