H. B. 2176


(By Delegate Pulliam)
[Introduced February 20, 1997; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section two, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section one, article two, chapter seventeen-b of said code; and to amend and reenact section twenty-two, article three, chapter sixty of said code, all relating to state control of alcoholic liquors and tobacco usage restriction; and requiring sellers of alcoholic liquors and nonintoxicating beer and tobacco products to require proof of age from all purchasers; and prohibiting the sale of tobacco products by vending machines.

Be it enacted by the Legislature of West Virginia:
That section two, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section one, article two, chapter seventeen-b of said code, be amended and reenacted; and that section twenty-two, article three, chapter sixty of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-2. Sale or gift of cigarette, cigarette paper, pipe, cigar, snuff or chewing tobacco to persons under eighteen; penalty.

No person, firm or corporation may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of eighteen years:
(a) Any cigarette, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product; or,
(b) Any cigar, pipe, snuff, chewing tobacco or tobacco product, in any form.
(c) Beginning on the effective date of the amendment to this section, sales of tobacco products by vending machines are prohibited. Sellers of tobacco products are required to request identification establishing proof of age from all purchasers. The identification cards or driver's license from the division of motor vehicles shall be considered sufficient proof of age.
Any person, firm or corporation violating any of the provisions of subdivisions (a) or (b) or (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten nor more than twenty-five dollars for the first offense, and for each subsequent offense, not less than twenty-five nor more than three hundred dollars.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSE.

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.
(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 the 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 may not be required to obtain any other license to exercise such this 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 of this article 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 of this code, when the use of such the 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 of this article 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 the 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.
(A) After the thirtieth day of June, one thousand nine hundred ninety-six, every identification card issued to persons who have attained their twenty-first birthday shall expire on the last day of the month 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 paragraph (B) of this subdivision, no identification card may be issued for less than three years nor more than seven years and such identification card shall be renewed in the month in which the applicant's birthday occurs 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.
(B) Every identification card issued to persons who have not attained their twenty-first birthday shall expire on the last day of the month in the year in which the applicant attains the age of twenty-one years.
(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, canceled, suspended or revoked under the provisions of this code.
The division shall superimpose on every driver's license and identification card issued under the provisions of this article, where applicable, words indicating when the holder of the driver's license or identification reaches the age of twenty-one years, such as: "TWENTY-ONE ON".
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3. SALES BY COMMISSIONER.

§60-3-22. Sales to certain persons prohibited.

(a) Alcoholic liquors and nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code shall may not be sold to a person who is:
(1) Less than twenty-one years of age;
(2) An habitual drunkard;
(3) Intoxicated;
(4) Addicted to the use of any controlled substance as defined by any of the provisions of chapter sixty-a of this code; or
(5) Mentally incompetent.
(b) It shall be a defense to a violation of subdivision (1), subsection (a) of this section if the seller shows that the purchaser:
(1) Produced written evidence which showed his or her age to be at least the required age for purchase and which bore a physical description of the person named on the writing which reasonably described the purchaser; or
(2) Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
(c) Beginning on the effective date of this amendment to this section, sellers of alcoholic liquors and nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code are required to request identification establishing proof of age from all purchasers. The identification cards or driver's license from the division of motor vehicles shall be considered sufficient proof of age.



NOTE: The purpose of this bill is to require sellers of alcoholic liquors and nonintoxicating beer and tobacco products to require proof of age from all purchasers. The Division of Motor Vehicles is required to superimpose on all driver's license and identification cards the date when the person to whom the license or card was issued becomes 21 years of age. It prohibits sale of tobacco products in vending machines.

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