Senate Bill No. 366

(By Senators Ross, Minard,

Snyder, Unger, Boley and Minear)

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[Introduced January 30, 2004; referred to the

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

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A BILL to amend and reenact article 8, chapter 64 of the code of West Virginia, 1931, 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 adjacent areas.

Be it enacted by the Legislature of West Virginia:

That article 8, chapter 64 of the code of West Virginia, 1931, 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 highways.
The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section eleven, article twenty-two, 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-seventh day of January, two thousand four, relating to the division of highways (use of state road rights of way and adjacent areas, 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 Adjacent Areas.

This section is new; therefore, strike-throughs and underscoring have been omitted.