H. B. 4783


(By Delegates Butcher, Douglas, Caputo, Prunty and Willison)


(Originating in the House Committee on Government Organization)

[February 28, 2000]





A BILL to amend and reenact sections eight and nine, article one-d, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, recreating the motorcycle and safety and education committee with additional members to be appointed by the governor; permitting compensation and requiring certain recommendations ; providing authority to propose rules; termination date.

Be it enacted by the Legislature of West Virginia:
That sections eight and nine, article one-d, 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 1D. MOTORCYCLE SAFETY EDUCATION.

§17B-1D-8. Motorcycle safety standards and education committee; members; appointment; compensation; duties; rules.
(a) Effective the first day of April, two thousand, the motorcycle safety standards and education committee created in section forty-four, article fifteen, chapter seventeen-c of this code shall terminate and is hereby recreated as provided in this article. The Committee shall consist of eleven members as follows: The commissioner of motor vehicles or a designee, who shall serve as chair; the superintendent of the state police or a designee; the director of the governor's office of highway safety or a designee; the tourism commissioner or a designee; the director of the West Virginia safety council or a designee; a licensed motorcycle operator; a representative of the American association of retired persons who is a licensed motorcycle driver; a representative of the insurance industry; an owner of a motorcycle dealership; a supplier of aftermarket nonfranchised motorcycle supplies; and a representative of the recreational vehicle industry. Not later than thirty days from the enactment of this section, the governor shall appoint the six nongovernmental members, to assume immediately the duties of the office pending the advice and consent of the Senate, and the committee shall meet at the call of the chair not later than the first day of July, two thousand. Terms of all nongovernmental representatives shall be for three years, except that of the members first appointed following the enactment of this section, two shall be appointed for a term of one year, two shall be appointed for a term of two years and two, for a term of three years. Members may be reappointed to the committee.
(b) The committee shall meet at the call of the chair no less often than quarterly for the purpose of monitoring the program created in this article and exercising its powers under this section. The committee is authorized to reconsider and recommend to the superintendent of public safety types and makes of protective helmets, eye protection devices and equipment offered for sale, purchased or used by any person and make recommendations for signs or devices intended to enhance public awareness of motorcycle safety. The committee is authorized to make recommendations to the commissioner of motor vehicles regarding the use of the moneys in the motorcycle safety fund created in section seven of this article and recommendations for components of educational programs for motorcycle safety.
(c) Appointed members of the committee shall receive expense compensation for attendance at official meetings not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law, and actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the travel management office of the department of administration .
(d)
The committee is authorized to propose for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code, rules necessary to carry out the provisions of this article.
§17B-1D-9. Termination date.
The committee shall continue to exist pursuant to the provisions of article ten, chapter four of this code until the first day of July, two thousand two, to allow for the completion of a preliminary performance review by the joint committee on government operations.


Sections eight and nine are substantially rewritten; therefore, strike-throughs and underscoring have been omitted.