H. B. 2594
(By Delegates Walters, Nesbitt, Harrison and Pulliam)
[Introduced March 15, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three, article five-a,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the reissuance of driver's license after suspension for
certain offenses; requiring proof of financial
responsibility upon reissuance of license.
Be it enacted by the Legislature of West Virginia:
That section three, article five-a, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND
REVOCATION OF LICENSES FOR DRIVING UNDER THE
INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR
DRUGS.
§17C-5A-3. Safety and treatment program; reissuance of license.
(a) The department of motor vehicles, in cooperation with
the department of health, the division of alcoholism and drugabuse, shall establish by rule and regulation, a comprehensive
safety and treatment program for persons whose licenses have been
revoked under the provisions of this article, or section seven,
article five of this chapter, or subsection (6), section three
five, article five three, chapter seventeen-b of this code, and
shall likewise establish the minimum qualifications for persons
conducting the safety and treatment program. The program shall
include, but not be limited to, treatment of alcoholism, alcohol
and drug abuse, psychological counseling, educational courses on
the dangers of alcohol and drugs as they relate to driving,
defensive driving, or other safety driving instruction, and other
programs designed to properly educate, train and rehabilitate the
offender.
(b) (1) The department of motor vehicles, in cooperation
with the department of health, the division of alcoholism and
drug abuse, shall provide for the preparation of an educational
and treatment program for each person whose license has been
revoked under the provisions of this article or section seven,
article five of this chapter, or subsection (6), section five,
article three, chapter seventeen-b of this code, which shall
contain the following: (A) A listing and evaluation of the
offender's prior traffic record; (B) characteristics and history
of alcohol or drug use, if any; (C) his amenability to
rehabilitation through the alcohol safety program; and (D) a
recommendation as to treatment or rehabilitation, and the terms
and conditions of such treatment or rehabilitation. The programshall be prepared by persons knowledgeable in the diagnosis of
alcohol or drug abuse and treatment. The cost of the program
shall be paid out of fees established by the commissioner of
motor vehicles in cooperation with the department of health,
division of alcohol and drug abuse. These fees shall be deposited
in a special account administering the program, to be designated
the "driver's rehabilitation fund."
(2) The commissioner, after giving due consideration to the
program developed for the offender, shall prescribe the necessary
terms and conditions for the reissuance of the license to operate
a motor vehicle in this state revoked under this article, or
section seven, article five of this chapter, or subsection (6),
section five, article three, chapter seventeen-b of this code,
which shall include successful completion of the educational,
treatment or rehabilitation program, subject to the following:
(A) When the period of revocation is six months, the license
to operate a motor vehicle in this state shall not be reissued
until (i) at least ninety days have elapsed from the date of the
initial revocation, during which time the revocation was actually
in effect, (ii) the offender has successfully completed the
program, (iii) all costs of the program and administration have
been paid, and (iv) all costs assessed as a result of a
revocation hearing have been paid.
(B) When the period of revocation is for a period of years,
the license to operate a motor vehicle in this state shall not be
reissued until (i) at least one half of such time period haselapsed from the date of the initial revocation, during which
time the revocation was actually in effect, (ii) the offender has
successfully completed the program, (iii) all costs of the
program and administration have been paid, and (iv) all costs
assessed as a result of a revocation hearing have been paid.
(C) When the period of revocation is for life, the license
to operate a motor vehicle in this state shall not be reissued
until (i) at least ten years have elapsed from the date of the
initial revocation, during which time the revocation was actually
in effect, (ii) the offender has successfully completed the
program, (iii) all costs of the program and administration have
been paid, and (iv) all costs assessed as a result of a
revocation hearing have been paid.
(D) Notwithstanding any provision of this code or any rule
or regulation, the department of health, division of alcohol and
drug abuse, when certifying that a person has successfully
completed a safety and treatment program, shall only have to
certify that such person has successfully completed the program.
(c) In addition to all other provisions in this section, the
commissioner shall not reissue a license pursuant to this section
until the offender has provided proof of financial responsibility
as set forth in article four, chapter seventeen-d of this code,
and as a condition of reissuance, the offender shall continue to
provide proof of financial responsibility on an annual basis for
three consecutive years after reissuance of the license. Upon
failure to provide adequate proof of financial responsibilityannually after the initial reissuance of the license, the
commissioner shall suspend the offender's operator's license
until such proof is provided to the commissioner.
NOTE: The purpose of this bill is to require a person to
furnish proof of financial responsibility in order to have a
driver's license reissued, and to require continuing proof of
financial responsibility on an annual basis for three consecutive
years after reissuance of the license, and to suspend the license
until such proof is provided.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.