SENATE CONCURRENT RESOLUTION NO. 16
[Originating in the Committee on the Judiciary;
reported March 26, 1993.]
Certifying the West Virginia Legislature's opposition to Section
333 of the federal Department of Transportation and Related
Agencies Appropriations Act from fiscal year 1991.
Whereas, Section 333 of the federal Department of
Transportation and Related Agencies Appropriations Act for fiscal
year 1991 mandates the withholding of certain federal aid highway
funds from states that by the thirty-first day of October, one
thousand nine hundred ninety-three, fail to either:
(a) Enact legislation requiring suspension of an
individual's driver's license upon conviction of any violation of
the federal Control Substances Act or any state drug offense; or
(b) Certify that the governor has expressed his opposition
to being forced into the enactment of such a law and that the
Legislature has adopted written certification expressing its
opposition to such a law; and
Whereas, Failure of this Legislature to take either of these
mandated actions will result in the withholding of federal-aid
highway funds amounting to four million six hundred thousand
dollars in fiscal years 1994 and 1995 and ten million dollars in
fiscal years 1996; and
Whereas, The Legislature of the state of West Virginia is
deeply concerned about drug abuse by the citizens of WestVirginia and has enacted numerous laws and initiated programs
aimed at reducing both the demand for and supply of illegal
drugs; and
Whereas, The state of West Virginia currently revokes the
driver's licenses of persons convicted of driving a motor vehicle
under the influence of controlled substances; and
Whereas, The revocation of a drug offender's driver's
license has not been shown to deter drug use; and
Whereas, Congress' actions to coerce states into passing
laws is inappropriate and often results in great expense and
inconvenience to the citizens of the various states; and
Whereas, Section 333 of the federal Department of
Transportation and Related Agencies Appropriation Act for fiscal
year 1991 is the first piece of federal legislation which has
allowed states not to comply without loss of funds by providing
the mechanism for a legislative and gubernatorial option; and
Whereas, very few states have passed legislation which has
been found to conform to the federal mandate of the Legislature
revoking driving privileges; and
Whereas, Two sister states, New Mexico and Maine, have
previously determined that the expression of strong opposition to
the federal mandate is appropriate; and
Whereas, The reasons of the West Virginia Legislature for
the negative recommendation include a belief that the granting or
withholding of driving privileges is and should be a prerogative
of the states to decide for themselves, not the federal
government; and
Whereas, The West Virginia Legislature has and will continueto address illegal drugs in effective and cost beneficial ways;
therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature certifies that it is
opposed to revoking the driver's license of any person convicted
of a drug offense if that person is not using or operating a
motor vehicle at the time of the offense; and, be it
Further Resolved, That the West Virginia Legislature will
continue its efforts in drug abuse education and enforcement
programs and will commit its limited resources to programs that,
based on West Virginia's experience, have a reasonable chance of
reducing drug abuse without harming innocent family members; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the governor of
the state of West Virginia for conveyance to the secretary of the
United States department of transportation, the speaker of the
House of Representatives and to the majority leader of the Senate
of the United States of America.