H. B. 3300
(By Delegate Morgan)
[Introduced March 23, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated as §17B-1E-1, §17B-
1E-2 and §17B-1E-3; to amend and reenact §17B-2-1 of said
code; and to amend said code by adding thereto a new section,
designated §61-7-4a, all relating to requiring a notification
be placed on drivers' licenses and state identification cards
when an individual has been granted a concealed weapons
permit.
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 article, designated as §17B-1E-1, §17B-1E-2
and §17B-1E-3; to amend and reenact §17B-2-1 of said code; and to
amend said code by adding thereto a new section, designated §61-7-
4a, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 1E. DRIVERS' OR CHAUFFEURS' LICENSE IDENTIFICATION OF
HOLDERS OF LICENSES TO CARRY A CONCEALED WEAPON.
§17B-1E-1. Commissioner to adopt and implement program.
The commissioner is hereby directed to adopt and implement a
program whereby persons having a state license to carry a concealed
deadly weapon shall be so identified by an appropriate decal,
sticker or other marking to be affixed to the driver's or
chauffeur's license of such person: Provided, That the commissioner
may not impose a fee or otherwise charge the person for affixing
the decal, sticker or other marking to the license.
§17B-1E-2. License application to contain space for holders of
licenses to carry concealed weapons.
The commission shall provide space on every application for a
driver's or chauffeur's license or renewal thereof in which the
applicant must indicate that he or she has a state license to carry
a concealed deadly weapon. In addition, any person whose license
has not expired or who has already obtained a license must have
such marking affixed by the commissioner.
§17B-1E-3. Commissioner to publish information and notify other
states of program.
The commissioner shall publish the existence of such program
along with information regarding the procedures for having such
marking affixed to a license and shall notify his or her
counterparts in each of the other states as to the existence of the
program and the significance of the marking.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1. Drivers must be licensed; types of licenses;
holders of
licenses to carry concealed weapons; licensees need not obtain local government license; motorcycle
driver license; identification cards.
(a) (1) No person, except those hereinafter expressly
exempted, may drive any motor vehicle upon a street or highway in
this state or upon any subdivision street used by the public
generally unless the person has a valid driver's license issued
pursuant to this code for the type or class of vehicle being
driven.
(2) Any person licensed to operate a motor vehicle pursuant to
this code may exercise the privilege thereby granted in the manner
provided in this code and, except as otherwise provided by law, is
not required to obtain any other license to exercise the privilege
by any county, municipality or local board or body having authority
to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall
indicate on the license the type or general class or classes of
vehicles the licensee may operate in accordance with this code,
federal law or rule. Licenses shall be issued in different colors
for those drivers under age eighteen, those drivers age eighteen to
twenty-one and adult drivers. The commissioner is authorized to
select and assign colors to the licenses of the various age groups.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) A Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years of driving experience
who have qualified for the commercial driver's license established by chapter seventeen-e of this code and the federal Motor Carrier
Safety and Improvement Act of 1999 and subsequent rules, and have
paid the required fee.
(2) A Class D license shall be issued to those persons
eighteen years and older with one year of driving experience who
operate motor vehicles other than those types of vehicles which
require the operator to be licensed under the provisions of chapter
seventeen-e of this code and federal law and rule and whose primary
function or employment is the transportation of persons or property
for compensation or wages and have paid the required fee. For the
purpose of regulating the operation of motor vehicles, wherever the
term "chauffeur's license" is used in this code, it shall be
construed to mean the Class A, B, C or D license described in this
section or chapter seventeen-e of this code or federal law or rule:
Provided, That anyone not required to be licensed under the
provisions of chapter seventeen-e of this code and federal law or
rule and who operates a motor vehicle registered or required to be
registered as a Class A motor vehicle, as that term is defined in
section one, article ten, chapter seventeen-a of this code, with a
gross vehicle weight rating of less than eight thousand one pounds,
is not required to obtain a Class D license.
(3) A Class E license shall be issued to those persons who
have qualified for a driver's license under the provisions of this
chapter and who are not required to obtain a Class A, B, C or D
license and who have paid the required fee. The Class E license
may be endorsed under the provisions of section seven-b of this article for motorcycle operation. The Class E or (G) license for
any person under the age of eighteen may also be endorsed with the
appropriate graduated driver license level in accordance with the
provisions of section three-a of this article.
(4) A Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure provided
by this chapter and have paid the required fee, but who do not
possess a Class A, B, C, D or E driver's license.
(5) A Class G driver's license or instruction permit shall be
issued to a person using bioptic telescopic lenses who has
successfully completed an approved driver training program and
complied with all other requirements of article two-b of this
chapter.
(6) All licenses issued under this section must contain
information designating the licensee has a state license to carry
a concealed deadly weapon: Provided, That the person in fact has
such state license.
(d) All licenses issued under this section may contain
information designating the licensee as a diabetic, organ donor, as
deaf or hard-of-hearing or as having any other handicap or
disability, according to criteria established by the division, if
the licensee requests this information on the license.
(e) No person, except those hereinafter expressly exempted,
may drive any motorcycle upon a street or highway in this state or
upon any subdivision street used by the public generally unless the
person has a valid motorcycle license, a valid license which has been endorsed under section seven-b of this article for motorcycle
operation or a valid motorcycle instruction permit.
(f) (1) An identification card may be issued to any person
who:
(A) Is a resident of this state in accordance with the
provisions of section one-a, article three, chapter seventeen-a of
this code;
(B) Has reached the age of two years. The division may also
issue an identification card to a person under the age of two years
for good cause shown;
(C) Has paid the required fee of two dollars and fifty cents
per year:
Provided, That the fee is not required if the applicant
is sixty-five years or older or is legally blind; and
(D) Presents a birth certificate or other proof of age and
identity acceptable to the division with a completed application on
a form furnished by the division.
(2) The identification card shall contain the same information
as a driver's license except that the identification card shall be
clearly marked as an identification card. However, the division
may issue an identification card with less information to persons
under the age of sixteen. An identification card may be renewed
annually on application and payment of the fee required by this
section.
(A) Every identification card issued to a person who has
attained his or her twenty-first birthday shall expire on the
licensee's birthday in those years in which the licensee's age is evenly divisible by five. Except as provided in paragraph (B) of
this subdivision, no identification card may be issued for less
than three years or for more than seven years and expires on the
licensee's birthday in those years in which the licensee's age is
evenly divisible by five.
(B) Every identification card issued to a person who has not
attained his or her twenty-first birthday shall expire thirty days
after the licensee's twenty-first birthday.
(C) Every identification card issued to persons under the age
of sixteen shall be issued for a period of two years and shall
expire on the last day of the month in which the applicant's
birthday occurs.
(3) The division may issue an identification card to an
applicant whose privilege to operate a motor vehicle has been
refused, canceled, suspended or revoked under the provisions of
this code.
(4) Persons having a state license to carry a concealed deadly
weapon shall be so identified by an appropriate decal, sticker or
other marking to be affixed to the identification card of such
person.
(g) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than $500; and upon a second or subsequent conviction, shall
be fined not more than $500 or confined in jail not more than six
months, or both.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4a. Copy of license provided to Division of Motor Vehicles.
The sheriff of the county that issues a person a state license
to carry a concealed deadly weapon shall provide the Division of
Motor Vehicles with a copy of the license within fourteen days of
its issuance: Provided, That the copies of licenses of current
holders are to be provided no later than June 30, 2009.
NOTE: The purpose of this bill is to require a notification be
placed on drivers' licenses and state identification cards when an
individual has been granted a concealed weapons permit.
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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