COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 279

(By Senator Manchin)

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[Originating in the Committee on Transportation;

reported March 30, 1993.]

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A BILL to amend and reenact section twenty-three, article one, chapter seventeen-e of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to commercial driver's licenses; providing for a nonprofit commercial driver's license for persons who operate commercial motor vehicles for nonprofit and religious organizations; and providing reduced fees for same.

Be it enacted by the Legislature of West Virginia:
That section twenty-three, article one, chapter seventeen-e of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-23. Funding for the commercial driver's license fees.
(a) Each application for a commercial driver's license shall be accompanied by the fees hereafter provided and such fees shall be deposited in a special revolving fund for the operation by the department of its functions established by this chapter.
(b) The fee for a commercial driver's license shall be established by the commissioner to cover all necessary costs for program administration. The fees for knowledge and road testing shall also be established by the commissioner to cover all program costs projected to be incurred by the department of motor vehicles and the department of public safety.
(c) The commissioner shall issue a "nonprofit" commercial driver's license to an applicant requesting same who otherwise meets the requirements of this article. A nonprofit commercial driver's license authorizes the holder to operate, without compensation, a commercial motor vehicle solely for purposes of transporting persons or property on behalf of a religious organization or a nonprofit corporation, as that term is defined in article one, chapter thirty-one of this code. Each nonprofit commercial driver's license issued pursuant to this subsection shall indicate that operation of a commercial motor vehicle is restricted to such purposes. The application fee for a nonprofit commercial driver's license shall be equal to that fee required for issuance of a Class E driver's license and no additional fee may be imposed upon an applicant for a nonprofit commercial driver's license for knowledge testing required by this section. It is a violation of this chapter for the holder of a nonprofit commercial driver's license to operate a commercial motor vehicle except as authorized by this subsection.
(d) The commissioner of motor vehicles is authorized and directed to transfer into a special revolving fund under the control of the superintendent of the department of public safety such amounts required by the department of public safety anddetermined by the commissioner as necessary to administer its responsibilities under this article.