Senate Bill No. 765
(By Senator Barnes)
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[Introduced February 18, 2008; referred to the Committee on
Transportation and Infrastructure.]
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A BILL to amend and reenact §17B-2-12 of the Code of West Virginia,
1931, as amended, relating to the expiration and renewal of
West Virginia driver's licenses.
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 to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-12. Expiration of licenses; renewal; renewal fees.
(a) Except as provided in subsection (e) 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 who have
attained their twenty-first birthday shall expire on the day of the
month designated by the commissioner in which the applicant's
birthday occurs in those years in which the applicant's age is evenly divisible by five. Except as provided in the following
subdivisions and in subsection (e) of this section, no driver's
license may be issued for less than three years nor more than seven
years and shall be valid for a period of five years, expiring in
the month in which the applicant's birthday occurs and in a year in
which the applicant's age is evenly divisible by five.
(2) Every driver's license issued to persons who have not
attained their twenty-first birthday shall expire on the day of the
month designated by the commissioner in the year in which the
applicant attains the age of twenty-one years, except as 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 six months from the date the person is
separated under honorable circumstances from active duty in the
Armed Forces.
(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) 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 for the time
extended, not to exceed five years.
(f) Notwithstanding anything in this section, the commissioner
may allow exceptions for the renewal requirements of any persons
driver's license if there are extenuating circumstances which in
the commissioner's discretion would allow for extension of the
expiration date. The commissioner may also allow special,
monitored, or temporary licenses in such circumstances.
NOTE: The purpose of this note is to allow the Commissioner of
Motor Vehicles to extend the period of certain licenses under
extenuating circumstances.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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