H. B. 4629


(By Delegate Walters)
[Introduced February 28, 1994; referred to the
Committee on Roads and Transportation
then 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 a driver's license after suspension for certain offenses; requiring that proof of financial responsibility be presented before a license is initially reissued; and requiring that proof of financial responsibility be presented as a condition of license renewal for three more consecutive years.
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 division of motor vehicles, in cooperation with the department of health and human resources, the division of on alcoholism and drug abuse, shall establish by rule and regulation, a comprehensive safety and treatment program for persons whose licenses have been revoked under the provisions of this article, or section seven, article five of this chapter, or subsection (6), section three five, article five three, chapter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 division of motor vehicles, in cooperation with the department of health and human resources, the division of on 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drug abuse, shall provide for the preparation of an educational and treatment program for each person whose license has been revoked under the provisions of this article or section seven, article five of this chapter, or subsection (6), section five, article three, chapter seventeen-b of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 program shall 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 and human resources, division of on 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 has 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.
(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 and human resources, division of on 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 responsibility annually 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; 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.