COMMITTEE SUBSTITUTE

FOR

H. B. 4218

(By Delegate Nesbitt)


(Originating in the House Committee

on Roads and Transportation)


[February 23, 1994]


A BILL to amend and reenact sections eight and twelve, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the issuance of five-year drivers' licenses; adjustment of fees for certain classes of licenses; and establishing an effective date.
Be it enacted by the Legislature of West Virginia:

That sections eight and twelve, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§ 17B - 2 - 8. Issuance and contents of licenses; fees.

(1)(a) The division shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license, which shall indicate the type or general class or classes of vehicle or vehicles the licensee may operate in accordance with this chapter, or chapter seventeen-e of this code, or motorcycle-only license. Each license shall contain a coded number assigned to the licensee, the full name, date of birth, residence address, a brief description and a color photograph of the licensee and either a facsimile of the signature of the licensee or a space upon which the signature of the licensee shall be written with pen and ink immediately upon receipt of the license. No license shall be valid until it has been so signed by the licensee: Provided, That the commissioner may issue a valid without-photo license for applicants temporarily out of state. A driver's license which is valid for operation of a motorcycle shall contain a motorcycle endorsement.

(b) The division shall use such process or processes in the issuance of licenses that will, insofar as possible, prevent any alteration, counterfeiting, duplication, reproduction, forging or modification of, or the superimposition of a photograph on, such license.
(2)(c) Effective the first day of July, one thousand nine hundred ninety-five:
(1) The fee for the issuance of a Class E driver's license shall be ten two dollars and fifty cents per year.
(2) The fee for issuance of a Class D driver's license shall be twenty-five six dollars and fifty twenty five cents per year.
(3) An additional fifty cents of each such fee shall be collected from the applicant at each time of original issuance or renewal and shall be deposited in the "combined voter registration and driver's licensing fund", established pursuant to the provisions of section twenty-two-a, article two, chapter three of this code.
(4) The one-time only additional fee for adding a motorcycle endorsement to a driver's license shall be five dollars. The fee for issuance of a motorcycle-only license shall be ten two dollars and fifty cents per year. The fees for the motorcycle endorsement or motorcycle-only license shall be paid into a special fund in the state treasury known as the motorcycle safety fund as established in section seven, article one-d of this chapter.
§ 17B-2-12. Expiration of licenses; renewal; renewal fees.

(a) Effective the first day of July, one thousand nine hundred ninety-five, every driver's license shall expire four years from the date of its issuance, except on the last day of the month of birth of the applicant, in years in which the applicant attains an age equally divisible by five. At no time shall any driver's license be issued for less than three nor more than seven years. Thereafter the driver's license shall be renewed in the birthday month of the licensee and shall be valid for five years, expiring in the next year in which the licensee's age is equally divisible by five: Provided, That the driver's license of any person in the armed forces shall be extended for a period of six months from the date the person is separated under honorable circumstances from active duty in the armed forces.

(b) A person who allows such person's driver's license to expire may apply to the division for renewal thereof. Application shall be made upon a form furnished by the division and shall be accompanied by payment of the fee required by section eight of this article plus an additional fee of five dollars. The commissioner shall determine whether such person qualifies for a renewed license and may, in the commissioner's discretion, renew any expired license without examination of the applicant.
(c) Each renewal of a driver's license shall contain a new color photograph of the licensee. By first class mail to the address last known to the division, the commissioner shall notify each person who holds a valid driver's license of the expiration date of the license. The notice shall be mailed at least thirty days prior to the expiration date of the license and shall include a renewal application form.