COMMITTEE SUBSTITUTE

FOR

H. B. 2974

(By Delegates Butcher, Douglas and Kuhn)

(Originating in the Committee on Government Organization)

[March 28, 2001]




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; to further amend said article by adding thereto a new section, designated section ten; and to amend and reenact section eight, article two of said chapter, all relating to the motorcycle safety and education committee; terminating the motorcycle safety and education committee and re-creating as the motorcycle safety awareness board; membership of the board; fees to fund activities of the board; and termination date of the board.

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; and that section eight, article two of said chapter 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 dollar motorcycle safety fee of six dollars and fifty cents, 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 awareness board created under section eight, article one-d, chapter seventeen-b 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 terminated; motorcycle safety awareness board 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. (a) The motorcycle safety and education committee formed pursuant to subsection f of section forty-four, article fifteen, chapter seventeen-c of this code will terminate on the thirtieth day of June, two thousand one.
(b) Effective the first day of July, two thousand one, there is created a seven member motorcycle safety awareness board consisting of three ex officio members and four non-governmental members. The ex officio members are 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; and the commissioner of the division of tourism or a designee. The four non-governmental members are a licensed motorcycle operator who will be appointed for an initial term of one year; a member of American bikers aimed toward education (ABATE) or the West Virginia confederation of motorcycle clubs who will be appointed for an initial term of one year; a licensed insurance agent who has a valid motorcycle endorsement who will be appointed for an initial term of two years; and, an owner of a motorcycle dealership or supplier of aftermarket nonfranchised motorcycle supplies who will be appointed for an initial term of three years. The motorcycle safety program coordinator shall serve as chair of the board. The non-governmental members will be appointed by the governor with the advice and consent of the Senate, and will serve without compensation. The terms will be for three years, except for the initial appointments which will be staggered according to the provisions of this article. Members may be reappointed to the board. Any nongovernmental member who is absent without good cause from three consecutive meetings of the board may be removed from the board and a new member appointed by the governor.
(c) The board 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 board 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 board 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, as are necessary to carry out the provisions of this article.
§17B-1D-10. Continuation of motorcycle safety Awareness board.

The motorcycle safety awareness board 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.



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.