Senate Bill No. 550
(By Senators Laird, White, Oliverio, Kessler, Foster and
Stollings)
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[Introduced February 11, 2010; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17B-3-14, relating
to motor vehicle driver's licenses; establishing a driver's
license restoration program; making legislative findings; and
granting rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17B-3-14, to read as
follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-14. Legislative findings; license restoration program;
rulemaking.
(a) The Legislature finds:
(1) That a growing number of drivers in the State of West Virginia have their driver's licenses suspended or revoked each
year;
(2) That a majority of the suspension and revocation actions
undertaken by the Division of Motor Vehicles are for nondriving
related reasons including the nonpayment of citations and a variety
of other nonsafety related reasons;
(3) That there is a clear relationship between citizens having
a valid driver's license and the ability to gain and maintain
stable employment and other important matters affecting the quality
of life of citizens throughout the state; and
(4) That there are many areas within the state that are not
adequately served by public transportation which constitute a
reasonable alternative to transportation by means other than a
privately owned vehicle requiring the operator to have a valid
driver's license.
(b) The division is hereby required to establish a driver's
license restoration program within its driver services section.
(c) The driver's license restoration program is responsible
for providing information and other educational services intended
to assist persons in the reinstatement of their driving privileges
after their drivers' licenses have been suspended or revoked. The
program shall include, but is not limited to, the development of
instructional materials suitable for use in providing driver's
license reinstatement counseling that may be made available by
community-based social service agencies or other providers recognizing the importance of reducing the economic and other
impacts associated with the suspension or revocation of drivers'
licenses.
(d) The commissioner shall:
(1) Develop information and educational materials necessary to
support the driver's license restoration program;
(2) Cooperate in the processing of information identifying the
specific driving history and the restoration requirements for
persons or counselors assisting those individuals whose drivers'
licenses have been suspended or revoked and who choose to
participate in a community-based program designed to assist in the
restoration of suspended or revoked drivers' licenses; and
(3) Make the program's services available at all regional
offices of the division and at all day report centers operated in
conjunction with community corrections programs throughout the
state. However, if there is not a regional office or a day report
center in a county, the commissioner shall provide the program's
services at another public meeting place in the county for which a
request for those services has been made.
(e) The commissioner shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, to implement the provisions of
this section.
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(NOTE: The purpose of this bill is to
establish a driver's
license restoration program for persons whose motor vehicle
driver's license has been cancelled, suspended or revoked. The
also makes legislative findings and grants rulemaking authority.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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