H. B. 3124
(By Delegates Manuel, Doyle and Tabb)
[Introduced February 21, 2003; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section eight, article one-d, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to membership on the
motorcycle safety awareness board; providing that
nongovernmental members reside in differing geographical
regions of the state.
Be it enacted by the Legislature of West Virginia:
That section eight, article one-d, 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 1D. MOTORCYCLE SAFETY EDUCATION.
§17B-1D-8. Motorcycle safety and education committee terminated;
motorcycle safety awareness board created.
(a) The motorcycle safety and education committee created
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 five,
there is created an eight nine member motorcycle safety awareness
board consisting of four ex officio members and four five
nongovernmental 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; the commissioner of the bureau of public health or a
designee; and the commissioner of the division of tourism or a
designee. The four five nongovernmental 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 two
owners of a motorcycle dealership or supplier dealerships or
suppliers of aftermarket nonfranchised motorcycle supplies who will be appointed for an initial term of three years. The five
nongovernmental members shall be appointed in such a manner to
provide a broad geographical distribution of the members. At least
one member shall reside in the eastern panhandle of the state, at
least one member shall reside in the northern panhandle of the
state, at least one member shall reside in or around the
geographical center of the state, and, at least one member shall
reside in or around the geographical southern portion of the state.
The motorcycle safety program coordinator shall serve as chair of
the board. The nongovernmental 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 of this article. The board
shall report annually to the Legislature on or before the first day
of each regular legislative session.
NOTE: The purpose of this bill is to
require nongovernmental
members
on the motorcycle safety awareness board reside in
differing geographical regions of the state
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.