H. B. 2224
(By Delegate Warner)
[Introduced January 14, 1999; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section six, article three, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to suspension of
the driver's license of a student who fails to maintain a
minimum grade point average of 1.0.
Be it enacted by the Legislature of West Virginia:
That section six, article three, 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 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-6. Authority of division to suspend or revoke license;
hearing.
(a) The division is hereby authorized to suspend the
driver's license of any person without preliminary hearing upon a showing by its records or other sufficient evidence that the
licensee:
(1) Has committed an offense for which mandatory revocation
of a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor
vehicle, caused or contributed to an accident resulting in the
death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious
offenses against traffic regulations governing the movement of
vehicles as to indicate a disrespect for traffic laws and a
disregard for the safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if
committed in this state would be a ground for suspension or
revocation;
(7) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures or penalties imposed by
a magistrate court or municipal court within ninety days, as
required by section two-a, article three, chapter fifty or
section two-a, article ten, chapter eight of this code;
(8) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor vehicle violation as defined in section three-a of this article;
(9) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily from a secondary school, as provided
in section eleven, article eight, chapter eighteen of this code;
or
(10) Has failed to maintain a minimum grade point average of
1.0 while enrolled in a secondary school; or
(10) (11) Has failed to pay overdue child support or comply
with subpoenas or warrants relating to paternity or child support
proceedings, if a circuit court has ordered the suspension of the
license as provided in article five-a, chapter forty-eight-a of
this code and the child support enforcement division has
forwarded to the division a copy of the court order suspending
the license, or has forwarded its certification that the licensee
has failed to comply with a new or modified order that stayed the
suspension and provided for the payment of current support and
any arrearage due.
(b) The driver's license of any person having his or her
license suspended shall be reinstated if:
(1) The license was suspended under the provisions of
subdivision (7), subsection (a) of this section and the payment
of costs, fines, forfeitures or penalties imposed by the
applicable court has been made;
(2) The license was suspended under the provisions of subdivision (8), subsection (a) of this section, and the person
having his or her license suspended has appeared in court and has
prevailed against the motor vehicle violations charged; or
(3) The license was suspended under the provisions of
subdivision (11), subsection (a) of this section, and the
division has received a court order restoring the license or a
certification by the child support enforcement division that the
licensee is complying with the original support order or a new or
modified order that provides for the payment of current support
and any arrearage due.
(c) Any reinstatement of a license under subdivision (1),
(2) or (3), subsection (b) of this section shall be subject to a
reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as
hereinbefore in this section authorized, the division shall
immediately notify the licensee in writing, sent by certified
mail, return receipt requested, to the address given by the
licensee in applying for license, and upon his request shall
afford him an opportunity for a hearing as early as practical
within not to exceed twenty days after receipt of such request in
the county wherein the licensee resides unless the division and
the licensee agree that such the hearing may be held in some
other county. Upon such the hearing the commissioner or his duly
authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books
and papers and may require a reexamination of the licensee. Upon
such the hearing the division shall either rescind its order of
suspension or, good cause appearing therefor, may extend the
suspension of such the license or revoke such the license. The
provisions of this subsection (d) providing for notice and
hearing are not applicable to a suspension under subdivision
(11), subsection (a) of this section.
NOTE: The purpose of this bill is to require school
students to maintain a minimum grade point average of 1.0 to
avoid a driver's license suspension.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.