H. B. 2876
(By Delegate Louisos)
[Introduced January 13, 2010; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17B-3-3c of the Code of West Virginia,
1931, as amended, relating to requiring the Division of Motor
Vehicles to reinstate the license of a person within thirty
days upon the division receiving the applicable proof of
compliance with the payment of fines or penalties by the
person.
Be it enacted by the Legislature of West Virginia:
That §17B-3-3c of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3c. Suspending license for failure to pay fines or
penalties imposed as the result of criminal
conviction or for failure to appear in court.
(a) The division shall suspend the license of any resident of
this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a circuit court,
magistrate court or municipal court of this state, pursuant to
section two-b, article three, chapter fifty of this code or section
two-b, article ten, chapter eight of said code or section
seventeen, article four, chapter sixty-two of said code, that such
person has defaulted on the payment of costs, fines, forfeitures,
penalties or restitution imposed on the person by the circuit
court, magistrate court or municipal court upon conviction for any
criminal offense by the date such court had required such person to
pay the same, or that such person has failed to appear in court
when charged with such an offense. For the purposes of this
section; section two-b, article three, chapter fifty of said code;
section two-b, article ten, chapter eight of said code; and section
seventeen, article four, chapter sixty-two of said code, "criminal
offense" shall be defined as any violation of
the provisions of
this code, or the violation of any municipal ordinance,
for which
the violation thereof that may result in a fine, confinement in
jail or imprisonment in a correctional facility of this state.
Provided, That However, any parking violation or other violation
for which a citation may be issued to an unattended vehicle shall
not be considered a criminal offense for the purposes of this
section; section two-b, article ten, chapter eight of said code;
section two-b, article three, chapter fifty of said code; or
section seventeen, article four, chapter sixty-two of said code.
(b) A copy of the order of suspension shall be forwarded to
such person by certified mail, return receipt requested. No order
of suspension becomes effective until ten days after receipt of a
copy of such order. The order of suspension shall advise the
person that because of the receipt of notice of the failure to pay
costs, fines, forfeitures or penalties, or the failure to appear,
a presumption exists that the person named in the order of
suspension is the same person named in the notice. The
commissioner may grant an administrative hearing which
substantially complies with the requirements of
the provisions of
section two, article five-a, chapter seventeen-c of this code upon
a preliminary showing that a possibility exists that the person
named in the notice of conviction is not the same person whose
license is being suspended. Such request for hearing shall be made
within ten days after receipt of a copy of the order of suspension.
The sole purpose of this hearing shall be for the person requesting
the hearing to present evidence that he or she is not the person
named in the notice. In the event the commissioner grants an
administrative hearing, the commissioner shall stay the license
suspension pending the commissioner's order resulting from the
hearing.
(c) A suspension under this section and section three-a of
this chapter will continue until the person provides proof of
compliance from the municipal, magistrate or circuit court and pays the reinstatement fee as provided in section nine of this article.
The reinstatement fee is assessed upon issuance of the order of
suspension regardless of the effective date of suspension.
(d) Notwithstanding any other provision of this chapter, the
division shall reinstate the license of said person within thirty
days after the division receives said proof of compliance by the
person as referenced in subsection (c) of this section.
NOTE: This bill shall require the division to reinstate the
license of a person within thirty days upon the division receiving
the applicable proof of compliance from the person.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.