Bill Text: WV SB330 | 2022 | Regular Session | Enrolled

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Bill Title: Authorizing DOT to promulgate legislative rules

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-04-20 - Chapter 170, Acts, Regular Session, 2022 [SB330 Detail]

Download: West_Virginia-2022-SB330-Enrolled.html

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WEST virginia legislature

2022 regular session

ENROLLED

Committee Substitute

for

Senate Bill 330

By Senator Sypolt

[Passed March 08, 2022; in effect from passage]

 

 

AN ACT to amend and reenact §64-8-1 et seq. of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Transportation to promulgate legislative rules; authorizing the rules as modified and amended by the Legislative Rule-Making Review Committee and as amended by the Legislature; relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the examination and issuance of driver’s license; relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to dealer licensing; relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the collection of tax on the sale of a vehicle; and relating to authorizing the Department of Transportation to promulgate a legislative rule relating to employment procedures.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. Authorization for Department of Transportation to promulgate legislative rules.

§64-8-1. Division of Motor Vehicles.

(a)   The legislative rule filed in the State Register on July 27, 2021, authorized under the authority of §17B-2-15 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 August 30, 2021, relating to the Division of Motor Vehicles  (Examination and Issuance of Driver’s License, 91 CSR 04), is authorized with the amendment set forth below:

On page twelve, subdivision 8.2, after the word “license” by inserting the words “expired 36 months or less”.

(b) The legislative rule filed in the State Register on July 29, 2021, authorized under the authority of §17A-2-9 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 September 22, 2021, relating to the Division of Motor Vehicles  (Dealer Licensing, 91 CSR 06), is authorized with the amendment set forth below:

On page thirty-six, subsection 16.2, after the word “service” by striking out the remainder of the sentence and inserting in lieu thereof the words “for 24 hours.”

(c) The legislative rule filed in the State Register on July 20, 2021, authorized under the authority of §11-15-3c 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 August 30, 2021, relating to the Division of Motor Vehicles  (Collection of Tax on the Sale of a Vehicle, 91 CSR 09), is authorized.

§64-8-2. Division of Transportation.

The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §5F-2-8 of this code, modified by the Department of Transportation  to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2022, relating to the Department of Transportation  (Employment Procedures, 217 CSR 01), is authorized with the amendments set forth below:

            On page five, subsection 2.56., by striking out the words “at his or her will” and inserting in lieu thereof the words “for a classified exempt employee, at the will and pleasure of the agency head”;

            On page five, subsection 2.62., after the word “range” by striking out the word “and” and inserting in lieu thereof the word “or”;

            On page nine, section four, paragraph one, by striking out the word “regulations” and inserting in lieu thereof the word “requirements”;

            On page twelve, by adding a new subsection 4.11. to read as follows:

“4.11. Leave Donation Program. – The Division shall establish uniform procedures which shall be followed by all DOT agencies for providing a leave donation program pursuant to W. Va. Code §29-6-27.”

            On page thirteen, paragraph 5.4.a.5., by striking out the words “public service” and inserting in lieu thereof the words “state public employment”;

            On page fourteen, subdivision 5.4.b., by striking out the words “shall not” and inserting in lieu thereof the words “will be”;

            On page fourteen, subdivision 5.4.b., by striking out the word “except”;

            On page fourteen, subdivision 5.4.c., after the words “shall determine” by striking out the word “that” and inserting in lieu thereof the word “whether”;

On page fourteen, subdivision 5.4.c., after the word “reconsideration” by striking out the word “shall” and inserting in lieu thereof the word “may”;

On page fifteen, subdivision 6.2.a., by striking out the words “he or she shall notify”;

On page fifteen, subdivision 6.2.a., after the word “register” by inserting the words “will be notified”;

On page, sixteen, paragraph 6.3.b.1., after the word “causes” by inserting the words “for removal”;

On page seventeen, subdivision 6.4.a., after the words “A person” by striking out the words “who has had his or her name” and inserting in lieu thereof the words “whose name was”;

On page eighteen subdivision 7.4.b., by striking out the words “in section” and inserting in lieu thereof the words “provided in Section”;

On page twenty-five, subdivision 11.4.d., after the word “approval” by inserting the words “or disapproval.”;

On page twenty-seven, subdivision 12.1.a., after the word “May;” by striking out the words “Juneteenth, the nineteenth day of June”;

On page twenty-eight, subdivision 12.1.b., after the word “four” by striking out the numeral “(4)”;

On page twenty-eight, subdivision 12.3.a., by striking out the words “permanent, probationary,” and inserting in lieu thereof the words “full-time and part-time permanent or probationary”;

On page thirty-one, subdivision 12.4.a., by striking out the words “permanent, probationary, and provisional” and inserting in lieu thereof the words “permanent and probationary”;

And,

On page 40, subsection 14.2, by striking out the word “principle” and inserting in lieu thereof the word “principal”.