H. B. 2860
(By Delegates Warner and Stalnaker)
[Introduced March 28, 1997; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section six, article three, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section eleven, article eight, chapter eighteen of said
code, all relating to requirements for privilege of
operating a motor vehicle; driver's license suspension or
revocation; suspension of the driver's license of a student
who fails to maintain a minimum grade point average of 1.0;
and requiring school attendance.
Be it enacted by the Legislature of West Virginia:
That section six, article three, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section eleven,
article eight, chapter eighteen of said code be amended and reenacted, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-6. Authority of division to suspend or revoke license;
hearing.
(a) The division is hereby authorized to suspend the
driver's license of any person without preliminary hearing upon
a showing by its records or other sufficient evidence that the
licensee:
(1) Has committed an offense for which mandatory revocation
of a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor
vehicle, caused or contributed to an accident resulting in the
death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious
offenses against traffic regulations governing the movement of
vehicles as to indicate a disrespect for traffic laws and a
disregard for the safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if
committed in this state would be a ground for suspension or revocation;
(7) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures or penalties imposed by
a magistrate court or municipal court within ninety days, as
required by section two-a, article three, chapter fifty or
section two-a, article ten, chapter eight of this code;
(8) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor
vehicle violation as defined in section three-a of this article;
or
(9) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily from a secondary school, as provided
in section eleven, article eight, chapter eighteen of this code,
or has failed to maintain a minimum grade point average of 1.0
while enrolled in a secondary school.
(b) The driver's license of any person having his or her
license suspended shall be reinstated if:
(1) The license was suspended under the provisions of
subdivision (7), subsection (a) of this section and the payment
of costs, fines, forfeitures or penalties imposed by the
applicable court has been made; or
(2) The license was suspended under the provisions of
subdivision (8), subsection (a) of this section, and the person
having his or her license suspended has appeared in court and has prevailed against the motor vehicle violations charged.
(c) Any reinstatement of a license under subdivision (1) or
(2), subsection (b) of this section shall be subject to a
reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as
hereinbefore in this section authorized, the division shall
immediately notify the licensee in writing, sent by certified
mail, return receipt requested, to the address given by the
licensee in applying for license, and upon his or her request
shall afford him or her an opportunity for a hearing as early as
practical within not to exceed twenty days after receipt of such
the request in the county wherein the licensee resides unless the
division and the licensee agree that such the hearing may be held
in some other county. Upon such the hearing the commissioner or
his or her duly authorized agent may administer oaths and may
issue subpoenas for the attendance of witnesses and the
production of relevant books and papers and may require a
reexamination of the licensee. Upon such the hearing the
division shall either rescind its order of suspension or, good
cause appearing therefor, may extend the suspension of such the
license or revoke such the license.
CHAPTER 18. EDUCATION.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-11. School attendance as condition of licensing for
privilege of operation of motor vehicle.
(a) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code, the division
of motor vehicles shall deny a license or instruction permit for
the operation of a motor vehicle to any person under the age of
eighteen who does not at the time of application present a
diploma or other certificate of graduation issued to the person
from a secondary high school of this state or any other state or
documentation that the person: (1) Is enrolled and making
satisfactory progress in a course leading to a general
educational development certificate (GED) from a state approved
institution or organization, or has obtained such the
certificate; (2) is enrolled in a secondary school of this state
or any other state and maintains satisfactory progress by
attaining a "1.0" grade average per each semester and does not
exceed five days consecutive or total unexcused absences per
semester; or (3) is excused from such the requirement due to
circumstances beyond his or her control; or (4) is enrolled in an
institution of higher education as a full-time student in this
state or any other state.
(b) The attendance director or chief administrator shall
provide documentation of enrollment status on a form approved by the department of education to any student sixteen years of age
or older upon request who is properly enrolled in a school under
the jurisdiction of said the official for presentation to the
division of motor vehicles on application for or reinstatement
of an instruction permit or license to operate a motor vehicle.
Whenever a student sixteen years of age or older withdraws from
school, except as provided in subsection (d) of this section,
the attendance director or chief administrator shall notify the
division of motor vehicles of such the withdrawal not later than
five days from the withdrawal date. Within five days of receipt
of such the notice, the division of motor vehicles shall send
notice to the licensee that the license will be suspended under
the provisions of section three, article two, chapter seventeen-b
of this code on the thirtieth day following the date the notice
was sent unless documentation of compliance with the provisions
of this section is received by the division of motor vehicles
before such this time.
(c) For the purposes of this section, withdrawal shall be
defined as more than ten consecutive or fifteen days total
unexcused absences during a single semester. For the purposes of
this section, suspension or expulsion from school or imprisonment
in a jail or a penitentiary is not a circumstance beyond the
control of such the person.
(d) Whenever the withdrawal from school of such the student, or such the student's failure to enroll in a course leading to or
to obtain a GED or high school diploma, is beyond the control of
such the student, or is for the purpose of transfer to another
school as confirmed in writing by the student's parent or
guardian, no such notice shall be sent to the division of motor
vehicles to suspend the student's motor vehicle operator's
license, and if the student is applying for a license, the
attendance director or chief administrator shall provide the
student with documentation to present to the division of motor
vehicles to excuse such the student from the provisions of this
section. The school district superintendent (or the appropriate
school official of any private secondary school) with the
assistance of the county attendance director and any other staff
or school personnel shall be the sole judge of whether such the
withdrawal is due to circumstances beyond the control of such the
person.
NOTE: The purpose of this bill is to require school
students to attend school and maintain a minimum grade point
average of 1.0 to avoid a driver's license suspension.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.