WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

House Bill 2943

By Delegates Ellington, Statler, Toney, Foster and Kump

[Introduced January 24, 2023; Referred to the Committee on Technology and Infrastructure]

A BILL to amend and reenact §17B-2-12a of the Code of West Virginia, 1931, as amended, relating to renewal of driver's license; providing that residents of this state are not required to renew their license until age 65.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§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 or by electronic means to the last address known to the division. The notice shall be mailed at least 90 days prior to the expiration date 65^th birthday of the license holder and shall include a renewal application form and instructions for renewal.

(b) The commissioner, at his or her discretion, may provide a program of electronic renewal notices to licensees and an electronic web-based renewal process. This process may include an electronic vision screening verification or waiver subject to processes and restrictions the commissioner considers necessary for highway safety, secure processing and identity verification. The online program shall require the applicant to have his or her digital photo updated at least once every 16 years.

(c) 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 §17B-2-8 of this code;

(2) Obtain a new color photograph from the division, except as provided in subsection (b) of this section; and

(3) Pass a vision screening conducted in the manner prescribed by the division.

(d) The commissioner shall assess an additional fee of $5 for every application for renewal submitted after the expiration of the applicant's license.

(e) The commissioner shall determine whether an applicant qualifies for a renewed license at age 65.

(f) 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.

(g) 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.

(h) Vision screening conducted pursuant to this section may not be used to collect any type of personal biometric identifying information including, but not limited to, a retinal scan.

(i) The commissioner shall propose legislative rules for promulgation in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this sect

NOTE: The purpose of this bill is to provide that residents of this state are not required to renew their driver's license until age 65.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.