H. B. 2974


(By Delegates Butcher, Douglas and Kuhn)

[Introduced March 22, 2001; referred to the

Committee on Government Organization then Finance.]





A BILL to amend and reenact section three-b, article ten, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections seven, eight and nine, article one-d, chapter seventeen-b; and to further amend said article by adding thereto a new section, designated section ten; to amend and reenact section eight, article two of said chapter; and to amend and reenact section forty-four, article fifteen, chapter seventeen-c of said code, all relating to the motorcycle safety and education committee; membership of the committee; fees to fund activities of the committee; and termination of the committee.

Be it enacted by the Legislature of West Virginia:

That section three-b, article ten, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections seven, eight and nine, article one-d, chapter seventeen-b be amended and reenacted; that said article be further amended by adding thereto a new section, designated section ten; that section eight, article two of said chapter be amended and reenacted; and that section forty-four, article fifteen, chapter seventeen-c of said code be amended and reenacted, all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,

CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.

ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
 §17A-10-3b. Motorcycle safety fee.
Upon the annual registration of any motorcycle, the division shall collect a four six dollar and fifty cent motorcycle safety fee in addition to the registration fee specified in section three of this article. The division shall deposit one half five dollars and fifty cents of the motorcycle safety fee into the state treasury and credit the moneys to the motorcycle safety fund. The division shall deposit the remaining one half one dollar of the motorcycle safety fee into the state treasury and credit the moneys collected to the motorcycle license examination fund established in section seven-c, article two, chapter seventeen-b of this code.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.

 ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
 §17B-1D-7. Motorcycle safety account.
(a) There is hereby created a special fund in the state treasury which shall be designated the "motorcycle safety fund". The fund shall consist of all moneys received from motorcycle driver licensing fees except instruction permit fees, one half five dollars and fifty cents of the moneys received from the motorcycle safety fee assessed with each motorcycle registration under section three-b, article ten, chapter seventeen-a of this code and any other moneys specifically allocated to the fund. The fund shall not be treated by the auditor and treasurer as part of the general revenue of the state. The fund shall be a special revolving fund to be used and paid out upon order of the commissioner of motor vehicles, based upon the recommendations of the motorcycle safety and education committee created under section forty-four, article fifteen, chapter seventeen-c of this code, solely for the purposes specified in this chapter.
(b) The fund shall be used by the division of motor vehicles to defray the cost of implementing and administering the motorcycle safety education program established in section two of this article. Moneys in the special revolving fund may also be used to defray the cost of implementing and administering the motorcycle driver licensing program.
§17B-1D-8. Motorcycle safety and education committee created.
The division is authorized to adopt such rules and regulations as are necessary to carry out the provisions of this article in accordance with the provisions of chapter twenty-nine-a of this code. There is hereby created a seven member motorcycle safety and education committee consisting of: The motorcycle safety program coordinator, as appointed under section two of this article, or a designee; the superintendent of the state police or a designee; a licensed motorcycle operator; an owner of a motorcycle dealership or supplier of aftermarket nonfranchised motorcycle supplies; the commissioner of the division of tourism or a designee; a licensed insurance agent who has a valid motorcycle endorsement; and, a member of American bikers aimed toward education (ABATE) or the West Virginia confederation of motorcycle clubs. The motorcycle safety program coordinator shall serve as chair of the committee. The nongovernmental representatives shall be appointed by the governor with the advice and consent of the Senate, and shall serve without compensation. The terms are for three years, which are staggered in accordance with the initial appointments under prior enactment of this article. Members may be reappointed to the committee. Any nongovernmental member who is absent without good cause from three consecutive meetings of the committee may be removed from the committee and a new member appointed by the governor.
The committee may recommend to the superintendent of the state police types and makes of protective helmets, eye protection devices and equipment offered for sale, purchased or used by any person. The committee may make recommendations to the commissioner of motor vehicles regarding the use of the moneys in the motorcycle safety fund created under section seven, article one-d, chapter seventeen-b of this code. The committee shall report annually to the Legislature through its joint committee on government operations on or before the first day of each regular legislative session.
§17B-1D-9. Authority to promulgate rules.
This article shall become effective on the first day of July, one thousand nine hundred ninety-two. The division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.
§17B-1D-10. Continuation of motorcycle safety and education committee.

The motorcycle safety and education committee shall terminate on the first day of July, two thousand three, pursuant to the provisions of article ten, chapter four of this code, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.
 ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-8. Issuance and contents of licenses; fees.
(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 is valid until it has been so signed by the licensee: Provided, That the commissioner may issue upon proper documentation, a duplicate or renewed valid without-photo license for resident applicants temporarily out of state. A driver's license which is valid for operation of a motorcycle shall contain a motorcycle endorsement. 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, the license.
(b) The fee for the issuance of a Class E driver's license shall be is two dollars and fifty cents per year for each year the license is issued to be valid. The fee for issuance of a Class D driver's license shall be is six dollars and twenty-five cents per year for each year the license is issued to be valid. An additional fee of fifty cents shall be collected from the applicant at the time of original issuance or each renewal and the additional fee shall be deposited in the "combined voter registration and driver's licensing fund," established pursuant to the provisions of section twelve, article two, chapter three of this code. The one-time only additional fee for adding a motorcycle endorsement to a driver's license shall be five dollars is one dollar per year for each year the license is issued.
The fee for issuance of a motorcycle-only license shall be is two dollars and fifty cents for each year for which the motorcycle license is to be valid. 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.
(c) On or after the first day of January, two thousand one, the fee for the issuance of either the level one or level two graduated driver's license as prescribed in section three-a of this article is five dollars.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 15. EQUIPMENT.
§17C-15-44. Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee.

(a) No person shall may operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing securely fastened on his or her head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetration and spread impact forces. Any helmet worn by an operator or passenger shall meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users.
(b) No person shall may operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing safety, shatter-resistant eyeglasses (excluding contact lenses), or eyegoggles or face shield that complies with the performance specifications established by the American National Standards Institute for Head, Eye and Respiratory Protection, Z 2.1. In addition, if any motorcycle, motor-driven cycle or moped be is equipped with a windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter-resistant material that complies with the performance specifications established by Department of Transportation Federal Motor Vehicle Safety Standard No. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1.
(c) No person shall may operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than fifteen inches higher than the uppermost part of the operator's seat when the seat is not depressed in any manner.
(d) A person operating a motorcycle, motor-driven cycle or moped shall ride in a seated position facing forward and only upon a permanent operator's seat attached to the vehicle. No operator shall may carry any other person nor shall may any other person ride on the vehicle unless the vehicle is designed to carry more than one person, in which event a passenger may ride behind the operator upon the permanent operator's seat if it is designed for two persons, or upon another seat firmly attached to the vehicle to the rear of the operator's seat and equipped with footrests designed and located for use by the passenger or in a sidecar firmly attached to the vehicle. No person shall ride side saddle on a seat. An operator may carry as many passengers as there are seats and footrests to accommodate those passengers. Additional passengers may be carried in a factory produced sidecar provided that there is one passenger per seat. Passengers riding in a sidecar shall be restrained by safety belts.
(e) Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator shall have a clear view of the road and condition of traffic behind him or her for a distance of at least two hundred feet.
(f) There is hereby created a six member motorcycle safety and education committee consisting of: The superintendent of the state police or a designee; the commissioner of motor vehicles or a designee; the director of the West Virginia safety council or a designee; a licensed motorcycle operator; an owner of a motorcycle dealership; and a supplier of aftermarket nonfranchised motorcycle supplies. The nongovernmental representatives shall be appointed by the governor with the advice and consent of the Senate, shall serve without compensation, and the terms shall be for three years, except that as to the members first appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years. Members may be reappointed to the committee.
The committee shall continue to exist pursuant to the provisions of article ten, chapter four of this code until the first day of July, one thousand nine hundred ninety-nine, to allow for the completion of a preliminary performance review by the joint committee on government operations.
The committee is hereby authorized to recommend to the superintendent of public safety types and makes of protective helmets, eye protection devices and equipment offered for sale, purchased or used by any person. The committee is authorized to make recommendations to the commissioner of motor vehicles regarding the use of the moneys in the motorcycle safety fund created under section seven, article one-d, chapter seventeen-b of this code.

NOTE: The purpose of this bill is to make changes to current law applicable to the motorcycle safety and education committee including: membership of the committee; fees paid to fund the activities of the committee; and adding a sunset termination date for the committee.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§17B-1D-10 is new; therefore, strike-throughs and underscoring have been omitted.