Engrossed Committee Substitute
House Bill 4023 History
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ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4023
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
(Originating in the Committee on the Judiciary)
[February 20, 2008]
A BILL to
amend and reenact §17B-2-3a of the Code of West Virginia,
1931, as amended; to amend and reenact §17B-3-6 of said code;
and to amend and reenact §18-8-11 of said code, all relating
to requiring Driver's Eligibility Certificate for driver's
license of any student fifteen and less than eighteen years of
age; issuance,
denial and suspension; alternatives for
eligibility; exceptions; authorizations for release and
receipt of certain private records; notices; and hearings.
Be it enacted by the Legislature of West Virginia:
That
§17B-2-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §17B-3-6 of said code be amended and
reenacted; and that §18-8-11 of said code be amended and reenacted,
all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION, AND RENEWAL.
§17B-2-3a. Graduated driver's license.
(a) Any person under the age of eighteen may not operate a
motor vehicle unless he or she has obtained a graduated driver's
license in accordance with the three-level graduated driver's
license system described in the following provisions.
(b) Any person under the age of twenty-one, regardless of
class or level of licensure, who operates a motor vehicle with any
measurable alcohol in his or her system is subject to the
provisions of section two, article five, chapter seventeen-c of
this code and section two, article five-a of said chapter. Any
person under the age of eighteen, regardless of class or licensure
level, is subject to the mandatory school attendance Driver's
Eligibility Certificate
provisions of section eleven, article
eight, chapter eighteen of this code.
(c) Level one instruction permit. -- An applicant who is
fifteen years or older meeting all other requirements prescribed in
this code may be issued a level one instruction permit.
(1) Eligibility. -- The division shall not issue a level one
instruction permit unless the applicant:
(A) Presents a completed application, as prescribed by the
provisions of section six of this article, and which is accompanied
by a writing, duly acknowledged, consenting to the issuance of the
graduated driver's license and executed by a parent or guardian
entitled to custody of the applicant;
(B) Presents a certified birth certificate issued by a state
or other governmental entity responsible for vital records, evidencing that the applicant meets the minimum age requirement;
(C) Passes the vision and written knowledge examination and
completes the driving under the influence awareness program, as
prescribed in section seven of this article;
(D) Presents a current school enrollment form Driver's
Eligibility Certificate or otherwise shows compliance with the
provisions of section eleven, article eight, chapter eighteen of
this code; and
(E) Pays a fee of five dollars.
(2) Terms and conditions of instruction permit. -- A level one
instruction permit issued under the provisions of this section is
valid until thirty days after the date the applicant attains the
age of eighteen and is not renewable. However, any permit holder
who allows his or her permit to expire prior to successfully
passing the road skills portion of the driver examination, and who
has not committed any offense which requires the suspension,
revocation or cancellation of the instruction permit, may reapply
for a new instruction permit under the provisions of section six of
this article. The division shall immediately revoke the permit
upon receipt of a second conviction for a moving violation of
traffic regulations and laws of the road or violation of the terms
and conditions of a level one instruction permit, which convictions
have become final unless a greater penalty is required by this
section or any other provision of this code. Any person whose
instruction permit has been revoked is disqualified from retesting
for a period of ninety days. However, after the expiration of ninety days, the person may retest if otherwise eligible. In
addition to all other provisions of this code for which a driver's
license may be restricted, suspended, revoked or canceled, the
holder of a level one instruction permit may only operate a motor
vehicle under the following conditions:
(A) Under the direct supervision of a licensed driver,
twenty-one years of age or older, or a driver's education or
driving school instructor who is acting in an official capacity as
an instructor, who is fully alert and unimpaired, and the only
other occupant of the front seat. The vehicle may be operated with
no more than two additional passengers, unless the passengers are
family members;
(B) Between the hours of five a.m. and eleven p.m.;
(C) All occupants must use safety belts in accordance with the
provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Without any measurable blood alcohol content, in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code; and
(E) Maintains a current school enrollment Driver's Eligibility
Certificate
or otherwise shows compliance with the provisions of
section eleven, article eight, chapter eighteen of this code.
(F) A holder of a level one instruction permit who is under
the age of eighteen years may not use a wireless communication
device while operating a motor vehicle, unless the use of the
wireless communication device is for contacting a 9-1-1 system. A law-enforcement officer may enforce the provisions of this
paragraph only as a secondary action when a law-enforcement officer
with probable cause detains a driver for a suspected violation of
another provision of this code. A person violating the provisions
of this paragraph is guilty of a misdemeanor and, upon conviction
thereof, shall for the first offense be fined twenty-five dollars;
for a second offense be fined fifty dollars; and for a third or
subsequent offense be fined seventy-five dollars.
(d) Level two intermediate driver's license. -- An applicant
sixteen years of age or older, meeting all other requirements of
the code, may be issued a level two intermediate driver's license.
(1) Eligibility. -- The division shall not issue a level two
intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section
six of this article;
(B) Has held the level one instruction permit conviction-free
for the one hundred eighty days immediately preceding the date of
application for a level two intermediate license;
(C) Has completed either a driver's education course approved
by the State Department of Education or thirty hours of
behind-the-wheel driving experience certified by a parent or legal
guardian or other responsible adult over the age of twenty-one as
indicated on the form prescribed by the division: Provided, That
nothing in this paragraph shall be construed to require any school
or any county board of education to provide any particular number
of driver's education courses or to provide driver's education training to any student;
(D) Presents a current school enrollment form Driver's
Eligibility Certificate or otherwise shows compliance with the
provisions of section eleven, article eight, chapter eighteen of
this code;
(E) Passes the road skills examination as prescribed by
section seven of this article; and
(F) Pays a fee of five dollars.
(2) Terms and conditions of a level two intermediate driver's
license. -- A level two intermediate driver's license issued under
the provisions of this section shall expire thirty days after the
applicant attains the age of eighteen, or until the licensee
qualifies for a level three full Class E license, whichever comes
first. In addition to all other provisions of this code for which
a driver's license may be restricted, suspended, revoked or
canceled, the holder of a level two intermediate driver's license
may only operate a motor vehicle under the following conditions:
(A) Unsupervised between the hours of five a.m. and eleven p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of eleven p.m. and
five a.m. except when the licensee is going to or returning from:
(i) Lawful employment;
(ii) A school-sanctioned activity;
(iii) A religious event; or
(iv) An emergency situation that requires the licensee to
operate a motor vehicle to prevent bodily injury or death of another;
(C) All occupants shall use safety belts in accordance with
the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Operates the vehicle with no more than three passengers
under the age of nineteen, unless the passengers are family
members, in addition to the driver;
(E) Without any measurable blood alcohol content in accordance
with the provisions of subsection (h), section two, article five,
chapter seventeen-c of this code;
(F) Maintains a
current school enrollment Driver's Eligibility
Certificate
or otherwise shows compliance with the provisions of
section eleven, article eight, chapter eighteen of this code;
(G) A holder of a level two intermediate driver's license who
is under the age of eighteen years may not use a wireless
communication device while operating a motor vehicle, unless the
use of the wireless communication device is for contacting a 9-1-1
system. A law-enforcement officer may enforce the provisions of
this paragraph only as a secondary action when a law-enforcement
officer with probable cause detains a driver for a suspected
violation of another provision of this code. A person violating
the provisions of this paragraph is guilty of a misdemeanor and,
upon conviction thereof, shall for the first offense be fined
twenty-five dollars; for a second offense be fined fifty dollars;
and for a third or subsequent offense be fined seventy-five dollars.
(H) Upon the first conviction for a moving traffic violation or a violation of paragraph (A), (B), (C), (D) or (G), subdivision
(1), subsection (d) of this section of the terms and conditions of
a level two intermediate driver's license, the licensee shall
enroll in an approved driver improvement program unless a greater
penalty is required by this section or by any other provision of
this code.
At the discretion of the commissioner, completion of an
approved driver improvement program may be used to negate the
effect of a minor traffic violation as defined by the commissioner
against the one year conviction-free driving criteria for early
eligibility for a level three driver's license; and
(I) Upon the second conviction for a moving traffic violation
or a violation of the terms and conditions of the level two
intermediate driver's license, the licensee's privilege to operate
a motor vehicle shall be revoked or suspended for the applicable
statutory period or until the licensee's eighteenth birthday,
whichever is longer unless a greater penalty is required by this
section or any other provision of this code. Any person whose
driver's license has been revoked as a level two intermediate
driver, upon reaching the age of eighteen years and if otherwise
eligible may reapply for an instruction permit, then a driver's
license in accordance with the provisions of sections five, six and
seven of this article.
(e) Level three, full Class E license. -- The level three
license is valid until the day designated by the commissioner of
the month in which the licensee attains the age of twenty-one. Unless otherwise provided in this section or any other section of
this code, the holder of a level three full Class E license is
subject to the same terms and conditions as the holder of a regular
Class E driver's license.
A level two intermediate licensee whose privilege to operate
a motor vehicle has not been suspended, revoked or otherwise
canceled and who meets all other requirements of the code may be
issued a level three full Class E license without further
examination or road skills testing if the licensee:
(1) Has reached the age of seventeen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article;
(B) Has held the level two intermediate license conviction
free for the twelve-month period immediately preceding the date of
the application;
(C) Has completed any driver improvement program required
under paragraph (G), subdivision (2), subsection (d) of this
section; and
(D) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the Combined Voter Registration and
Driver's Licensing Fund established in section twelve, article two,
chapter three of this code; or
(E) Presents a current school Driver's Eligibility Certificate
or otherwise shows compliance with the provisions of section
eleven, article eight, chapter eighteen of this code; or(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article; and
(B) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the Combined Voter Registration and
Driver's Licensing Fund established in section twelve, article two,
chapter three of this code.
ARTICLE 3. CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES.
§17B-3-6. Authority of division to suspend or revoke license;
hearing.
(a) The division is hereby authorized to suspend the driver's
license of any person without preliminary hearing upon a showing by
its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of
a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle,
caused or contributed to an accident resulting in the death or
personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses
against traffic regulations governing the movement of vehicles as
to indicate a disrespect for traffic laws and a disregard for the
safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if
committed in this state would be a ground for suspension or revocation;
(7) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures or penalties imposed by a
magistrate court or municipal court within ninety days, as required
by section two-a, article three, chapter fifty or section two-a,
article ten, chapter eight of this code;
(8) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor
vehicle violation as defined in section three-a of this article;
(9) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily from a secondary school failed to
comply with the requirements under which a Driver's Eligibility
Certificate was issued or otherwise meet the requirements
as
provided in section eleven, article eight, chapter eighteen of this
code; or
(10) Has failed to pay overdue child support or comply with
subpoenas or warrants relating to paternity or child support
proceedings, if a circuit court has ordered the suspension of the
license as provided in article five-a, chapter forty-eight-a of
this code and the child support enforcement division has forwarded
to the division a copy of the court order suspending the license,
or has forwarded its certification that the licensee has failed to
comply with a new or modified order that stayed the suspension and
provided for the payment of current support and any arrearage due.(b) The driver's license of any person having his or her
license suspended shall be reinstated if:
(1) The license was suspended under the provisions of
subdivision (7), subsection (a) of this section and the payment of
costs, fines, forfeitures or penalties imposed by the applicable
court has been made;
(2) The license was suspended under the provisions of
subdivision (8), subsection (a) of this section, and the person
having his or her license suspended has appeared in court and has
prevailed against the motor vehicle violations charged; or
(3) The license was suspended under the provisions of
subdivision (10), subsection (a) of this section, and the division
has received a court order restoring the license or a certification
by the child support enforcement division that the licensee is
complying with the original support order or a new or modified
order that provides for the payment of current support and any
arrearage due.
(c) Any reinstatement of a license under subdivision (1), (2)
or (3), subsection (b) of this section shall be subject to a
reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as
hereinbefore in this section authorized, the division shall
immediately notify the licensee in writing, sent by certified mail,
return receipt requested, to the address given by the licensee in
applying for license, and upon his request shall afford him an
opportunity for a hearing as early as practical within not to exceed twenty days after receipt of such request in the county
wherein the licensee resides unless the division and the licensee
agree that such hearing may be held in some other county. Upon
such hearing the commissioner or his duly authorized agent may
administer oaths and may issue subpoenas for the attendance of
witnesses and the production of relevant books and papers and may
require a reexamination of the licensee. Upon such hearing the
division shall either rescind its order of suspension or, good
cause appearing therefor, may extend the suspension of such license
or revoke such license. The provisions of this subsection (d)
providing for notice and hearing are not applicable to a suspension
under subdivision subdivision
s (9) and (10), subsection (a) of this
section.
CHAPTER 18. EDUCATION.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-11. School attendance, progress and appropriate behavior as
conditions of licensing for privilege of operation of
motor vehicle.
(a) The Legislature finds that the mission of the public
schools is to prepare students for equal and responsible
citizenship and productive adulthood. The Legislature further
finds student absenteeism disrupts the school environment and
students who have poor attendance records and are truant often have
lower test scores, are more likely to drop out of school, are more
prone to delinquency, to demonstrate poor employment habits in adulthood and to suffer from poverty. In addition, the Legislature
finds that students and teachers have a right to a safe and
conducive learning environment free from inappropriate behavior
that can have a very
negative affect on student learning both for
the students directly involved and others whose learning
environment is disrupted. Inappropriate behavior can
cause
interruption of teachers' lessons and affect the general frame of
mind of students and their ability to concentrate on learning.
Increasingly, research is showing that repeated bullying, violence
and related inappropriate behaviors contribute to depression,
social anxiety, decreased self-esteem, anger, and sadness and are
associated with negative school outcomes such as poor academic
performance and absenteeism by the affected students and
bystanders.
(b) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code sections
three-a and five, article two, chapter seventeen-b of this code,
the Division of Motor Vehicles shall deny a license or instruction
permit for the operation of a motor vehicle to any person under the
age of eighteen who does not at the time of application present one
of the following:
(1) A diploma or other certificate of graduation issued to the
person from a secondary high school of this state or any other
state; or documentation that the person: (1)
(2) A Driver's Eligibility Certificate
provided for in
subsection (c) of this section;
(3) Documentation that the person
is enrolled and making
satisfactory progress in a course leading to a general educational
development certificate (GED) from a state-approved institution or
organization or has obtained the certificate;
(2) (4) Documentation that the person
is enrolled in a
secondary school of this state or any other state;
(3) (5) Documentation that the person
is excused from the
requirement due to severe hardship resulting from circumstances
beyond his or her control; or
(4) (6) Documentation that the person
is enrolled in an
institution of higher education as a full-time student in this
state or any other state.
(b) (c)
Except as provided in subsection (e) of this section,
the attendance director or chief administrator shall provide
documentation of enrollment status on a form approved by the
Department of Education upon request issue
a Driver's Eligibility
Certificate to any student at least fifteen but less than eighteen
years of age
for presentation to the Division of Motor Vehicles on
application for or reinstatement of an instruction permit or
license to operate a motor vehicle only if
the parent, guardian, or
individual acting as a parent in the absence of a parent or a
guardian gives written consent on the Driver's Eligibility
Certificate for the categories of information contained thereon to
be released and presented to the Division of Motor Vehicles for the
limited purposes of determining permit or license eligibility and
determining continued permit or license maintenance and only if the student:
(1) Is properly enrolled and making satisfactory progress
toward graduation in a school under the jurisdiction of the
official;
(2) Does not have more than ten consecutive or fifteen total
days of unexcused absence during the current and previous school
semesters;
(3) Has not been suspended or expelled pursuant to subsections
(a) and (b) of section one-a, article five, chapter eighteen-a of
this code during the current and previous school semesters; and
(4) Has not been suspended for more than ten total days during
the current and previous school semesters.
upon request who is properly enrolled in a school under the
jurisdiction of the official for presentation to the Division of
Motor Vehicles on application for or reinstatement of an
instruction permit or license to operate a motor vehicle.
(d) Both the Division of Motor Vehicles and the attendance
director or chief administrator shall maintain a copy of the
initial Driver's Eligibility Certificate which must show that the
parent, guardian, or individual acting as a parent in the absence
of a parent or a guardian has given written consent on the Driver's
Eligibility Certificate for the categories of information contained
thereon to be released and presented to the Division of Motor
Vehicles.
(e) Whenever a student at least fifteen but less than eighteen
years of age, except as provided in subsection (d) (g) of this section, withdraws from school fails to comply with the
requirements under which a Driver's Eligibility Certificate was
issued, the attendance director or chief administrator shall notify
the Division of Motor Vehicles of the withdrawal not later than
five days from the withdrawal date of noncompliance. Within five
days of receipt of the notice, the Division of Motor Vehicles shall
send notice to the student that the student's instruction permit or
license will be suspended under the provisions of section three,
article two, section six, article three, chapter seventeen-b of
this code on the thirtieth day following the date the notice was
sent unless documentation of compliance with the provisions of this
section is received by the Division of Motor Vehicles before that
time. The notice shall also advise the student that he or she is
entitled to a hearing before the county superintendent of schools
or his or her designee or before the appropriate private school
official concerning whether the student's noncompliance was due to
severe hardship resulting from circumstances beyond the control of
the student. If suspended, the division may not reinstate a
license before the end of the semester sixth calendar month
following that in which the withdrawal occurred date of suspension
unless the student attains eighteen years of age.
(f) For any student under the age of eighteen issued a valid
permit or license on the basis of an enrollment form provided to
him or her prior to the effective date of this section,
noncompliance with the requirements for a Driver' Eligibility
Certificate means withdrawal from school. Withdrawal from school
means more than ten consecutive or fifteen total days of unexcused absence during the current and previous school semesters. Days not
in attendance at school due to suspension or expulsion from school
or imprisonment in a jail or a West Virginia correctional facility
are unexcused absences and are not a circumstance beyond the
control of the student.
(c) For the purposes of this section:
(1) Withdrawal is defined as more than ten consecutive or
fifteen total days unexcused absences during a school year; and
(2) Suspension or expulsion from school or imprisonment in a
jail or a West Virginia correctional facility is not a circumstance
beyond the control of the person.
(d) (g) Whenever the withdrawal from school of the student, or
the student's failure to enroll in a course leading to or to obtain
a GED or high school diploma the student's failure to comply with
the requirements for issuance of a Driver's Eligibility
Certificate, is due to severe hardship resulting from circumstances
beyond the control of the student, or is the student withdraws from
school for the purpose of transfer to another school as confirmed
in writing by the student's parent or guardian, no notice shall be
sent to the Division of Motor Vehicles to suspend the student's
motor vehicle operator's license and if the student is applying for
a license, the attendance director or chief administrator shall
provide the student with documentation to present to the Division
of Motor Vehicles to excuse the student from the provisions of this
section. The school district superintendent (or the appropriate
school official of any private secondary school) with the
assistance of the county attendance director and any other staff or school personnel shall be the sole judge of whether withdrawal is
due to circumstances beyond the control of the person any of the
grounds for denial or suspension of a license as provided by this
section are due to severe hardship resulting from circumstances
beyond the control of the student. Suspension or expulsion from
school or imprisonment in a jail or a West Virginia correctional
facility is not a severe hardship resulting from circumstances
beyond the control of the student.
(h) The State Board shall promulgate rules necessary for
uniform implementation of this section among the counties and as
may otherwise be necessary for the implementation of this section.
The rule may not include attainment by a student of any certain
grade other than passing or grade point average as a measure of
satisfactory progress toward graduation.
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