WEST virginia legislature
2021 regular session
Introduced
House Bill 2719
By Delegates Linville, Wamsley
and Espinosa
(By Request of the Division of Motor Vehicles)
[Introduced February 24, 2021; referred to the Committee on Technology and Infrastructure then Government Organization]
A BILL to amend and reenact §17A-2-19 of the Code of West Virginia, 1931, as amended, relating to the Division of Motor Vehicles use of electronic means and other alternate means to provide notice.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-19. Giving of notice.
Whenever the department
division is authorized or required to give any notice under this chapter
or other law regulating the operation of vehicles, unless a different method of
giving such notice is otherwise expressly prescribed, such notice
shall be given either by personal delivery thereof to the person to be so
notified, or by deposit in the United States mail of such the
notice in an envelope with postage prepaid, addressed to such the
person at his or her address as shown by the records of the department
division, or by electronic means to an
address or designation provided by the person. Notwithstanding any provision of
this code to the contrary, any time the division is required to deliver notice
by certified or registered mail, the division may deliver notice by electronic
means or alternate delivery methods that verify delivery in a manner similar to
certified or registered mail. The
giving Delivery of notice by mail is complete upon the expiration of
four days after such deposit of said the notice. Proof of the
giving of notice in either such any manner may be made by the
certificate of any officer or employee of the department division
or affidavit of any person over eighteen years of age, naming the person to
whom such the notice was given and specifying the time, place,
and manner of the giving thereof.
NOTE: The purpose of this bill is to allow the DMV to use electronic means to provide notice to licensees and vehicle owners with the expectation that actual notice will be provided more frequently and efficiently using modern technology for delivery.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.