Senate Bill No. 393
(By Senator Ross)
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[Introduced January 29, 2003; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section seven-a, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the driver's
licensing advisory board; and limiting civil and criminal
liability of board members while acting within their official
advisory capacity.
Be it enacted by the Legislature of West Virginia:
That section seven-a, article two, 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 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-7a. Driver's licensing advisory board.
(a) The driver's licensing advisory board is hereby
reestablished. The board shall consist of five members to be
appointed by the governor, by and with the advice and consent of the Senate, for terms of three years, except that as to the members
first appointed, two shall be appointed for a term of three years,
two shall be appointed for a term of two years, and one shall be
appointed for a term of one year, all from the first day of July,
one thousand nine hundred seventy-four. All vacancies occurring on
the board shall be filled by the governor, by and with the advice
and consent of the Senate. One member of the board shall be an
optometrist duly registered to practice optometry in this state and
the other four members of the board shall be physicians or surgeons
duly licensed to practice medicine or surgery in this state. The
governor shall appoint persons qualified to serve on the board who,
in his or her opinion, will best serve the work and function of the
board.
(b) The board shall advise the commissioner of motor vehicles
as to vision standards and all other medical criteria of whatever
kind or nature relevant to the licensing of persons to operate
motor vehicles under the provisions of this chapter. The board
shall, upon request, advise the commissioner of motor vehicles as
to the mental or physical fitness of an applicant for, or the
holder of, a license to operate a motor vehicle. The board shall
furnish the commissioner with all such medical standards,
statistics, data, professional information and advice as he or she
may reasonably request.
(c) The members of the board shall receive compensation and expense reimbursement in an amount not to exceed the same
compensation and expense reimbursement as is paid to members of the
Legislature for their interim duties as recommended by the citizens
legislative compensation commission and authorized by law, for each
day or substantial portion thereof engaged in the performance of
official duties.
(d) No civil or criminal action shall lie against any member
of the board who acts in good faith in advising the commissioner
under the provisions of this section. Good faith shall be presumed
on the part of members of the board in the absence of fraud or
malice.
(e) Pursuant to the provisions of article ten, chapter four of
this code, the driver's licensing advisory board shall continue to
exist until the first day of July, two thousand three.
NOTE: This bill was recommended by the Legislative Auditor to
clarify that members of the Board acting within their advisory
capacity cannot be held professionally liable for their
recommendations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.