H. B. 4069
(By Delegates Stemple, Brown, Hrutkay,
Kessler, Pino and Overington)
[Introduced January 17, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17B-2-12 of the Code of West Virginia,
1931, as amended; and to further amend said article by adding
thereto a new section, designated §17B-2-12a
, all relating to
requiring vision screening for renewal of a driver's license.
Be it enacted by the Legislature of West Virginia:
That §17B-2-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said article be further amended
by adding thereto a new section, designated §17B-2-12a
, all to read
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-12. Expiration of licenses.
(a) Except as provided in subsection
of this section,
every driver's license shall expire five years from the date of its
issuance.(b)(1) Every driver's license issued to
persons a person
their his or her
twenty-first birthday shall
expire on the
day of the month designated by the commissioner in
which the applicant's birthday occurs licensee's birthday
years in which the
age is evenly divisible
by five. Except as provided in the following subdivisions and in
of this section, no driver's license may be
issued for less than three years
nor or for
more than seven years
and shall be valid for a period of five years, expiring
month in which the applicant's birthday occurs and licensee's
in a year in which the
evenly divisible by five.
(2) Every driver's license issued to
persons a person
their his or her
twenty-first birthday shall
on the day of the month designated by the commissioner in
year in which the applicant attains the age of twenty-one years
thirty days after the licensee's twenty-first birthday,
provided in section three-a of this article.
(3) The driver's license of any person in the Armed Forces is
extended for a period of shall expire six months from after the
date on which the person is separated from active duty in the Armed
under honorable circumstances. from active duty in the
(4) The commissioner may change the date that a driver's license expires from the last day of the month in those years
specified in subdivisions (1) and (2) of this subsection to the day
of the month in which the applicant's birthday occurs in those
years. If the commissioner changes the expiration date, the change
may only affect new licenses and renewed licenses.
(c) A person who allows his or her driver's license to expire
may apply to the division for renewal of the license. Application
shall be made upon a form furnished by the division and shall be
accompanied by payment of the fee required by section eight of this
article plus an additional fee of five dollars. The commissioner
shall determine whether the person qualifies for a renewed license
and may, in the commissioner's discretion, renew any expired
license without examination of the applicant.
(d) Each renewal of a driver's license shall contain a new
color photograph of the licensee. By first class mail to the
address last known to the division, the commissioner shall notify
each person who holds a valid driver's license of the expiration
date of the license. The notice shall be mailed at least thirty
days prior to the expiration date of the license and shall include
a renewal application form.
(e) (c) A license issued to a person who is not a citizen of
the United States may only be issued for the time the person is
legally authorized to be in the United States, not to exceed five
years. If the time the person is authorized to be in the United States is extended, the commissioner may renew the license in
accordance with section twelve-a of this article for the time
extended, not to exceed five years.
§17B-2-12a. Renewal of driver's license upon expiration; vision
screening; renewal fees.
(a) The commissioner shall notify each person who holds a
valid driver's license of the expiration date of the license by
first class mail to the last address known to the division
notice shall be mailed at least ninety days prior to the expiration
date of the license and shall include a renewal application form
and instructions for renewal.
(b) The holder of a valid driver's license may apply to the
division for renewal of the license on the form provided by the
division. To be eligible for license renewal the applicant must:
(1) Pay the fee required by section eight of this article;
(2) Obtain a new color photograph from the division; and
(3) Pass a vision screening conducted by the division.
(c) The commissioner shall assess an additional fee of five
dollars for every application for renewal submitted after the
expiration of the applicant's license.
(d) The commissioner shall determine whether an applicant
qualifies for a renewed license.
(e) The commissioner shall provide by rule a procedure by
which an applicant who does not meet the minimum vision standards for licensure may present evidence to show that his or her vision
has been corrected to meet the minimum visual standards and that he
or she is capable of safely operating a motor vehicle.
(f) The commissioner may not renew the driver's license of an
applicant whose eyesight cannot be corrected to conform to the
minimum vision standards established by this code and by the rules
of the commissioner.
(g) Vision screening conducted pursuant to this section shall
not be used to collect any type of personal biometic identifying
information, including but not limited to, a retinal scan.
(h) The commissioner shall propose legislative rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the provisions of
(i) The provisions of this section requiring an applicant for
renewal of a driver's license to successfully complete a vision
screening as a condition of renewing a driver's license shall
become effective on the first day of January, two thousand nine.
NOTE: The purpose of this bill is to require persons applying
for renewal of a driver's license to pass a vision screening
administered by the Division of Motor Vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would