Senate Bill No. 392

(By Senators Ross, Minard,

Snyder, Unger, Boley and Minear)

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[Introduced January 30, 2004; referred to the

Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the public service commission to promulgate a legislative rule relating to the transportation of coal by commercial motor vehicles.

Be it enacted by the Legislature of West Virginia:
That article 9, chapter 64 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Public service commission.
The legislative rule filed in the state register on the twenty-first day of November, two thousand three, authorized under the authority of section three, article seventeen-a, chapter seventeen-c, of this code, modified by the public service commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty- sixth day of January, two thousand four, relating to the public service commission ( transportation of coal by commercial motor vehicles, 150 CSR 27), is authorized with the amendments set forth below:
On page 1, section 1.1., by striking the words "public highways" and inserting in lieu thereof "coal resource transportation roads".
And,
On page 7, Section 4.4., by striking the last two sentences of that section.


NOTE: The purpose of this bill is to authorize the Public Service Commission to promulgate a legislative rule relating to the Transportation of Coal by Commercial Motor Vehicles.

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