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Committee Substitute House Bill 4244 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 4244


(By Delegates Brown, Miley, Burdiss, Talbott,

and Overington)

(Originating in the Committee on the Judiciary)
[February 20, 2007]


A BILL to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Transportation; 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 Commissioner of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads ; authorizing the Commissioner of Highways to promulgate a legislative rule relating to traffic and safety rules ; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the use of state road rights of way and adjacent areas ; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways ; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the examination and issuance of driver's licences ; and authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the disclosure of information from the files of the Division.

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 THE DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-1. Division of Highways.
(a) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section eight, article two-a, chapter seventeen, of this code, modified by the Commissioner of Highways to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of December, two thousand seven, relating to the Commissioner 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-seventh day of July, two thousand seven, authorized under the authority of section eight, article two-a, chapter seventeen, of this code, relating to the Commissioner of Highways (traffic and safety rules, 157 CSR 5), is authorized.
(c) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section eight, article two-a, chapter seventeen, of this code, relating to the Commissioner of Highways (use of state road rights of way and adjacent areas, 157 CSR 6), is authorized with the following amendment:
On page ten of the legislative rule, paragraph 3.8.d.3, after the words "W. Va. Code", by striking the citation "§17-4-17b(d)(4)" and inserting in lieu thereof the following: "§17-4-17b(d)".
(d) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section seven, article eighteen, chapter twenty- two, of this code, relating to the Commissioner of Highways (transportation of hazardous wastes upon the roads and highways, 157 CSR 7), is authorized.
§64-8-2. Division of Motor Vehicles.
(a) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section five, article two, chapter seventeen-b, 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 twentieth day of December, two thousand seven, relating to the Division of Motor Vehicles (examination and issuance of driver's licences, 91 CSR 4), is authorized with the following amendment:
On page three of the legislative rule, paragraph 3.9, after the words "address of the applicant's", by striking the word "principle"; and
On page three, paragraph 3.9.a., by striking paragraph 3.9.a. in its entirety.
(b) The legislative rule filed in the state register on the first day of November, two thousand seven, authorized under the authority of section twelve, article two-a, chapter seventeen-b, of this code, relating to the Division of Motor Vehicles (the disclosure of information from the files of Division of Motor Vehicles, 91 CSR 8), is authorized.
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