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Introduced Version House Bill 2876 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2876


(By Delegate Louisos)

[Introduced February 27, 2009; referred to the

Committee on Roads and Transportation then the Judiciary.]





A BILL to amend and reenact §17B-3-3c of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Motor Vehicles to reinstate the license of a person within thirty days upon the division receiving the applicable proof of compliance with the payment of fines or penalties by the person.

Be it enacted by the Legislature of West Virginia:

That §17B-3-3c of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

§17B-3-3c. Suspending license for failure to pay fines or penalties imposed as the result of criminal conviction or for failure to appear in court.

(a) The division shall suspend the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a circuit court, magistrate court or municipal court of this state, pursuant to section two-b, article three, chapter fifty of this code or section two-b, article ten, chapter eight of said code or section seventeen, article four, chapter sixty-two of said code, that such person has defaulted on the payment of costs, fines, forfeitures, penalties or restitution imposed on the person by the circuit court, magistrate court or municipal court upon conviction for any criminal offense by the date such court had required such person to pay the same, or that such person has failed to appear in court when charged with such an offense. For the purposes of this section; section two-b, article three, chapter fifty of said code; section two-b, article ten, chapter eight of said code; and section seventeen, article four, chapter sixty-two of said code, "criminal offense" shall be defined as any violation of the provisions of this code, or the violation of any municipal ordinance, for which the violation thereof that may result in a fine, confinement in jail or imprisonment in a correctional facility of this state. Provided, That However, any parking violation or other violation for which a citation may be issued to an unattended vehicle shall not be considered a criminal offense for the purposes of this section; section two-b, article ten, chapter eight of said code; section two-b, article three, chapter fifty of said code; or section seventeen, article four, chapter sixty-two of said code.
(b) A copy of the order of suspension shall be forwarded to such person by certified mail, return receipt requested. No order of suspension becomes effective until ten days after receipt of a copy of such order. The order of suspension shall advise the person that because of the receipt of notice of the failure to pay costs, fines, forfeitures or penalties, or the failure to appear, a presumption exists that the person named in the order of suspension is the same person named in the notice. The commissioner may grant an administrative hearing which substantially complies with the requirements of the provisions of section two, article five-a, chapter seventeen-c of this code upon a preliminary showing that a possibility exists that the person named in the notice of conviction is not the same person whose license is being suspended. Such request for hearing shall be made within ten days after receipt of a copy of the order of suspension. The sole purpose of this hearing shall be for the person requesting the hearing to present evidence that he or she is not the person named in the notice. In the event the commissioner grants an administrative hearing, the commissioner shall stay the license suspension pending the commissioner's order resulting from the hearing.
(c) A suspension under this section and section three-a of this chapter will continue until the person provides proof of compliance from the municipal, magistrate or circuit court and pays the reinstatement fee as provided in section nine of this article. The reinstatement fee is assessed upon issuance of the order of suspension regardless of the effective date of suspension.
(d) Notwithstanding any other provision of this chapter, the division shall reinstate the license of said person within thirty days after the division receives said proof of compliance by the person as referenced in subsection (c) of this section.


NOTE: This bill shall require the division to reinstate the license of a person within thirty days upon the division receiving the applicable proof of compliance from the person.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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