H. B. 4125
(By Delegate Warner)
[Introduced January 21, 2000; referred to the
Committee on the Judiciary then Finance.]
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 deleting the
present language regarding payment of enrollment fees and
substituting a method for collecting and remitting the fees.
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 division of motor vehicles, in cooperation with the
department of health and human resources, the division of
alcoholism and drug abuse, shall propose a legislative rule or
rules for promulgation in accordance with the provisions of chapter
twenty-nine-a of this code, establishing 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treatment program for persons whose licenses have been revoked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 five, article
three, chapter seventeen-b of this code, and shall likewise
establish the minimum qualifications for mental health facilities
or other public agencies or private entities conducting the safety
and treatment program: Provided,
That the commissioner may
establish standards whereby the division will accept or approve
participation by violators in another treatment program which
provides the same or substantially similar benefits as the safety
and treatment program established pursuant to this section. 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 division of motor vehicles, in cooperation with
the department of health and human resources, the division of
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been revoked under the provisions of this article or section seven,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 or her amenability to
rehabilitation through the alcohol safety program; and (D) a
recommendation as to treatment or rehabilitation, and the terms and
conditions of the 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 alcohol and drug abuse. These fees shall be deposited in a special account administering the program, to be designated
the "driver's rehabilitation fund." The program provider shall
collect the established fee from each participant upon enrollment.
The program provider shall also at the time of enrollment remit to
the commissioner a portion of the collected fee established by the
commissioner in cooperation with the department of health and human
resources, which shall be deposited into an account designated the
"driver's rehabilitation fund" to be used for the administration of
the program.
(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, any mental health facilities or other public agencies or private
entities conducting the safety and treatment program 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) (1) The division of motor vehicles, in cooperation with
the department of health and human resources, division of
alcoholism and drug abuse, shall provide for the preparation of an
educational program for each person whose license has been
suspended for sixty days pursuant to the provisions of subsection
(l), section two, article five-a of this chapter. The educational
program shall consist of not less than twelve nor more than
eighteen hours of actual classroom time.
(2) When a sixty-day period of suspension has been ordered,
the license to operate a motor vehicle shall not be reinstated
until (A) at least sixty days have elapsed from the date of the
initial suspension, during which time the suspension was actually
in effect, (B) the offender has successfully completed the
educational program, (C) all costs of the program and
administration have been paid, and (D) all costs assessed as a
result of a suspension hearing have been paid.
(d) A required component of the rehabilitation program
provided for in subsection (b) and the education program provided
for in subsection (c) shall be participation by the violator with
a victim impact panel program providing a forum for victims of
alcohol and drug related offenses and offenders to share first-hand
experiences on the impact of alcohol and drug related offenses in
their lives. The commissioner shall propose legislative rules for
promulgation in accordance with the provisions of chapter
twenty-nine-a of this code to implement victim impact panels where
appropriate numbers of victims are available and willing to
participate, and shall establish guidelines for other innovative
programs which may be substituted where such victims are not
available, so as to assist persons whose licenses have been
suspended or revoked for alcohol and drug related offenses to gain
a full understanding of the severity of their offenses in terms of
the impact of such offenses on victims and offenders. The
legislative rules proposed for promulgation by the commissioner
shall require, at a minimum, discussion and consideration of the
following:
(A) Economic losses suffered by victims or offenders;
(B) Death or physical injuries suffered by victims or offenders;
(C) Psychological injuries suffered by victims or offenders;
(D) Changes in the personal welfare or familial relationships
of victims or offenders; and
(E) Other information relating to the impact of alcohol and
drug related offenses upon victims or offenders.
Any rules promulgated pursuant to this subsection shall
contain provisions which ensure that any meetings between victims
and offenders shall be nonconfrontational and ensure the physical
safety of the persons involved.
NOTE: The purpose of this bill is to establish the method of
collecting enrollment fees and the manner in which the fees are to
be applied.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.