H. B. 2262


(By Delegates Warner, Moore, Everson, Preece, Linch, Thomas and Louisos)


(Introduced January 26, 1995; referred to the

Committee on Roads and Transportation then the Judiciary)



A BILL to amend and reenact section one, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the division of motor vehicles to conduct an outstanding warrant check on an applicant for a driver's license and requiring an applicant to provide proof of residency before acquiring a driver's license.

Be it enacted by the Legislature of West Virginia:
That section one, 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-2-1. Drivers must be licensed; types of licenses; licensees need not obtain local government license; motorcycle driver license; identification cards; outstanding warrant check on applicants; proof of residency.

(a) No person, except those hereinafter expressly exempted, may drive any motor vehicle upon a street or highway in this state or upon any subdivision street, as used in article twenty-four, chapter eight of this code, when the use of such subdivision street is generally used by the public unless the person has a valid driver's license under the provisions of this code for the type or class of vehicle being driven.
Any person licensed to operate a motor vehicle as provided in this code may exercise the privilege thereby granted as provided in this code and, except as otherwise provided by law, shall not be required to obtain any other license to exercise such privilege by any county, municipality or local board or body having authority to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall indicate on the license the type or general class or classes of vehicle or vehicles the licensee may operate in accordance with the provisions of this code, federal law or rule.
(c) Driver's licenses issued by the division shall be classified in the following manner:
(1) Class A, B or C license shall be issued to those persons eighteen years of age or older with two years driving experience and who have qualified for the commercial driver's license established by chapter seventeen-e of this code and the federal commercial motor vehicle safety act of 1986, Title XII of public law 99870 and subsequent rules, and have paid the required fee.
(2) Class D license shall be issued to those persons eighteen years and older with one year driving experience who operate motor vehicles other than those types of vehicles which require the operator to be licensed under the provisions of chapter seventeen-e of this code and federal law and rule and whose primary function or employment is the transportation of persons or property for compensation or wages and have paid the required fee. For the purposes of the regulation of the operation of a motor vehicle, wherever the term chauffeur's license is used in this code, it shall be construed to mean the Class A, B, C or D license described in this section or chapter seventeen-e of this code or federal law or rule: Provided, That anyone who is not required to be licensed under the provisions of chapter seventeen-e of this code and federal law or rule and who operates a motor vehicle which is registered or which is required to be registered as a Class A motor vehicle as that term is defined in section three, article ten, chapter seventeen-a of this code with a gross vehicle weight rating of less than eight thousand one pounds, is not required to obtain a Class D license.
(3) Class E license shall be issued to those persons who have qualified under the provisions of this chapter and who are not required to obtain a Class A, B, C or D license and who have paid the required fee. The Class E license may be endorsed under the provisions of section seven-b, article two of this chapter for motorcycle operation.
(4) Class F license shall be issued to those persons who successfully complete the motorcycle examination procedure provided for by this chapter and have paid the required fee, but who do not possess a Class A, B, C and D or E driver's license.
(d) No person, except those hereinafter expressly exempted, shall drive any motorcycle upon a street or highway in this state or upon any subdivision street, as used in article twenty-four, chapter eight, when the use of such subdivision street is generally used by the public unless the person has a valid motorcycle license or a valid license which has been endorsed under section seven-b, article two of this chapter for motorcycle operation or has a valid motorcycle instruction permit.
(e) (1) A nonoperator identification card may be issued to any person who:
(A) Is a resident of this state in accordance with the provisions of section one-a, article three, chapter seventeen-a of this code;
(B) Does not have a valid driver's license;
(C) Has reached the age of sixteen years;
(D) Has paid the required fee of ten dollars: Provided, That such fee is not required if the applicant is sixty-five years or older or is legally blind; and
(E) Presents a birth certificate or other proof of age and identity acceptable to the division with a completed application on a form furnished by the division.
(2) The nondriver identification card shall contain the same information as a driver's license, except that such identification card shall be clearly marked as identification card. The identification card shall expire every four years. It may be renewed on application and payment of the fee required by this section.
(3) The identification card shall be surrendered to the division when the holder is issued a driver's license. The division may issue an identification card to an applicant whose privilege to operate a motor vehicle has been refused, cancelled, suspended or revoked under the provisions of this code.
(f) The division, before issuing a driver's license, shall conduct an outstanding warrant check on the person applying for a license. Should the outstanding warrant check reveal outstanding warrants against the applicant, the division shall notify the nearest detachment of the West Virginia department of public safety.
(g) An applicant shall not receive a driver's license unless the division is provided proof that the applicant is a resident of West Virginia.
 NOTE: The purpose of this bill is to require DMV to conduct an outstanding warrant check on an applicant for a driver's license and to require an applicant to provide proof of residency before acquiring a driver's license.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.